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T  IEE  IE 


A 


CHARTER 


With  tiu  Amendments  Thereto  and 


REVISED  ORDINANCES 


■OF  THE- 


CITY  OF  CHAMPAIGN,  ILLINOIS, 


■WITH  REFERENCES  TO  THE 


DECISIONS  OF  THE  SUPREME  COURT  OF  THE  STATE, 


Relatino  to  Municipal  Corporations  and  with  some  of  the  General  Laws  of  the 
State,  Etc.,  Relating  to  Cities,  Towns,  Elections,  Ac. 


Published  by  Authority  of  the  City  Council  of  Champaign 


UNDER  THE  SUPERVISION  OF 


,T.  S.  LOTHROP,  ESQ.,  ATTORNEY  AT  LAW 


CHAMPAIGN,  ILL. 

Flynn  A  Scroggs,  Printers. 


1871. 


I 


{ 


' 

•  •  ’■  . 


^  V 


I 


\ 


• . , , . 


t 


Contents — Charter. 


in. 


i 


TABLE  OB1  COTTTETTTS. 

_ 

PART  FIRST. 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


Article  I. — Boundaries,  General  Powers,  and  Formation  of  Wards 

u  II. — Officers,  their  Election  and  Appointment . 

u  III. — Elections .  . 

u  IV. — Powers  and  Duties  of  Officers . 

u  V. — Power  of  the  City  Council  and  Duties . . 

u  VI. — Of  Taxation . 

“  VII. — Of  Assessments  for  Opening  Streets  and  Alleys . 

“  VIII. — Public  Improvements,  and  Assessments  therefor . 

u  IX. — Collection  of  Taxes  and  Assessments . 

u  X. — Fire  Department . 

11  XI. — Miscellaneous  Provisions., . . . . 

Amendments  of  1865  to  Charter . . 


u  1869  u  — Boundaries . 

General  Laws  of  the  State,  on  Elections . 

il  u  u  Collection  of  Taxes  and  Assessments 

u  “  u  Warrants  of  Cities  and  Towns . . 

“  u  u  Evidence . 

u  u  “  Police  Magistrates . . 

Rules  of  the  City  Council . 


Page,. 

..  1 

...  2 
...  4 

..  6 
...  10 
...  17 
..  18 
...  23 
...  25 
29 
...  31 
...  36 
...  43 
...  45 
...  52 
...  53 
...  54 
...  54 
..  56 


<50000 


IY. 


Contents 


Ordinances 


PART  SECOND. 


O^DINTANTOES. 

In  Relation  to  the  Revised  Ordinances  of  the  City .  62 

Chapter  I. — In  Relation  to  Accounts .  68 

l<  II.—  u  Additions . . .  68 

u  III. — -To  Regulate  the  Storing,  Moving  and  Sale  of  Combustible 

©  ©70 

Material .  64 

u  IV. — In  Relation  to  Dogs. . 65 

u  V. —  “  Elections .  67 

u  VI. — Organizing  the  Fire  Department .  75 

u  VII. — Establishing  Fire  Limits .  81 

“  VIII. — In  Relation  to  Gaming  and  Counterfeiting  Implements .  88 

u  IX. —  u  Horses  and  other  Animals .  84 

“  X. —  u  Licenses .  87 

u  XL — Regulating  the  Sale  of  Intoxicating  Liquors .  94 

a  XII. — For  Lighting  the  Streets,  and  Creating  Lamp  Districts . 101 

u  XIII.—  Concerning  Misdemeanors,  (See  Chap.  IV.) . 108 

u  XIV. — In  Relation  to  Nuisances . 117 

“  XV.—  “  City  Officers . 126 

u  XVI.—  u  the  Ordinances  of  the  CPy*  their  Construction 

and  Effect  . 186 

“  XVII. — Organizing  and  Establishing  the  Police  Department . 189 

u  XVIII. — In  Relation  to  Railroads . 146 

u  XIX. — Defining  and  Establishing  Corporate  Seal . 147 

“  XX. — In  Relation  to  Sewers,  and  Establishing  the  First  Sewerage 

District . 148 

“  XXI — In  Relation  to  Side-walks . 152 

XXIL —  “  Public  Grounds,  Streets  and  Alleys . 162 

A  XXIII. —  u  Labor  on  Streets  and  Alleys  . 171 

“  XXIV. — -Regulating  the  Assessments,  and  Collection  of  Taxes . 174 

u  XXV. — In  relation  to  Velocipedes . 189 

“  XX VI.— Defining  the  Wards  of  the  City . 189 

Certificate  of  Authentication . 191 

City  Officers  for  1871 . 192 


f 


CHARTER  OF  THE  CITY  OE  CHAMPAIGN, 


An  Act  to  Charter  the  City  of  Champaign. 

ARTICLE  I. 


\ 


Boundaries,  General  Powers,  and  Formation  of  Wards. 

I.  Corporate  Name.  III.  Additions. 

II.  Boundaries.  IV.  General  Bowers. 

V.  Formation  of  Wards. 

Section  1.  *Be  it  enacted  by  the  People  of  the  State  of  Illinois y 
represented  in  General  Assembly ,  That  the  inhabitants  in  the  City 
of  Champaign,  in  the  county  of  Champaign,  and  State  of  Illinois,  be, 
and  they  are  here[by]  constituted  a  body  politic  and  corporate,  by  the 
name  and  style  of  “  The  City  of  Champaign;”  and  by  that  name 
shall  have  perpetual  succession ;  and  may  have  and  use  a  common  seal, 
which  they  may  change  and  alter  at  pleasure. 

Sec.  2.  f The  boundaries  of  said  city  shall  include  within  their 
limits  all  within  the  following;  boundaries  :  Commencing;  at  the  center 
of  Section  number  Eighteen  (18),  Township  number  Nineteen  (19), 
North  of  Range  number  Nine  (9)  East,  in  Champaign  county,  State 
of  Illinois,  and  running  thence  due  north  to  the  center  of  Section 
number  Seven  (7),  same  Township  and  Range  aforesaid ;  thence  west 
to  the  center  of  Section  number  Twelve  (12),  Township  number  Nine¬ 
teen  (79)  North,  Range  number  Eight  (8)  East,  aforesaid;  thence  south 
to  the  center  of  Section  number  Thirteen  (13),  same  Township  and 
Range  last  aforesaid ;  thence  east  to  the  place  of  beginning.  Said 
boundaries  shall  also  include  within  their  limits  all  the  tracts  of  land 
outside  of,  and  adjoining  the  above  described  boundaries,  which  have 
been  laid  off’  into  town  lots  and  recorded  according  to  law. 

Sec.  3.  Whenever  any  tract  of  land,  adjoining  the  City  of  Cham¬ 
paign,  shall  be  laid  off  into  town  lots,  and  recorded  according  to  law, 
the  same  shall  be  annexed  to,  and  form  a  part  of  the  City  of  Cham¬ 
paign. 

*  See  Amendments,  Sec.  1. 

+  See  Citv  of  Springfield  vs.  Power.  25  III.,  190. 

1 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


2 


Sec.  4.  The  inhabitants  of  said  city,  by  the  name  and  style  afore¬ 
said,  shall  have  power  to  sue  and  be  sued,  to  plead  and  be  impleaded, 
to  defend  and  be  defended,  in  all  courts  of  law  and  equity,  and  in  all 
actions  whatsoever ;  to  purchase,  receive,  and  hold  property,  real  and 
personal,  in  said  city  ;  and  to  purchase,  receive,  and  hold  property, 
real,  beyond  the  limits  of  said  city,  for  burial  ground,  for  the  use  of 
the  inhabitants  of  said  city  ;  and  to  sell,  lease,  convey,  and  improve 
property,  real  and  personal,  for  the  benefit  of  said  city,  and  to  do  all 
other  things  in  relation  thereto  as  natural  persons. 

Sec.  5.  *The  City  of  Champaign  shall  be  divided  into  four  wards, 
the  boundaries  of  which  shall  be  fixed  by  the  City  Council,  and  shall 
be,  by  the  City  Council,  changed  from  time  to  time,  as  they  shall  see 
fit,  having  regard  to  the  number  of  free  white  male  inhabitants.  The 
City  Council  may  create  additional  wards,  as  occasion  may  require,  and 
fix  the  boundaries  thereof. 


ARTICLE  II. 


Officers — -Their  Election  and 


Appointment. 


I.  Municipal  Government  (Offi¬ 
cers). 

II.  Tenure  of  Office  and  Ap¬ 
pointment  of  Watchmen. 

III.  Aldermen ;  their  Term  of' 

Office. 

IV.  Where  no  Quorum,  Appoint¬ 

ments. 


V.  Removal  of  Officers ;  Mow 
Done. 

VI.  Vacancies ,  How  Filled. 

VII.  Qualifications  to  Office. 

VIII.  In  Case  of  the  Proceedings 
In. 


Section  I.  The  municipal  government  of  the  city  shall  consist  of 
a  City  Council,  to  be  composed  of  the  Mayor  and  one  Alderman  from 
each  ward.  The  other  officers  of  the  corporation  shall  be  as  follows  : 
A  City  Clerk,  a  City  Marshal,  a  City  Treasurer,  a  City  Attorney,  a 
City  Assessor  and  Collector,  a  City  Surveyor  and  Engineer,  and  a 
City  Supervisor,  who,  in  addition  to  the  duties  prescribed  by  this  act, 
shall  perform  such  other  duties  as  may  be  prescribed  by  ordinance. 
There  shall  also  be  such  other  officers,  servants  and  agents  of  the  cor¬ 
poration,  as  may  be  provided  by  ordinance,  to  be  appointed  by  the 
City  Council,  and  to  perform  such  duties  as  may  be  prescribed  by 
ordinance. 

Sec.  2.  All  officers  elected  or  appointed  under  this  act  (except  Alder¬ 
men),  shall  hold  their  offices  for  one  year,  and  until  the  election  or  appoint¬ 
ment  and  qualification  of  their  successors  respectively.  All  other 
officers  mentioned  in  tl i is  act,  and  not  otherwise  specially  provided  for. 


See  Ordinance  on  WArnl*. 


/ 


Khali  be  appointed  by  the  City  Council,  by  ballot,  on  the  second  Mon¬ 
day  of  April,  in  each  year,  or  as  soon  thereafter  as  may  be ;  but  the 
City  Council  may  specially  authorize  the  appointment  of  watchmen 
and  policemen  by  the  Mayor,  to  continue  in  office  during  the  pleasure 
of  the  City  Council :  Provided ,  the  Mayor  or  Marshal  may  be 
authorized  to  remove  them  from  office  for  good  cause.  AH  officers 
elected  or  appointed  to  fill  vacancies,  shall  hold  for  the  unexpired  term 
only,  and  until  the  election  or  appointment  and  qualification  of  their 
successors. 


Sec.  3.  The  Several  wards  of  the  city  shall  be  represented  in  the 
City  Council  by  one  Alderman  from  each  ward,  who  shall  be  bona  fide 
residents  thereof,  and  hold  their  offices  for  two  years  from  and  after 
their  election,  and  until  the  election  and  qualification  of  their  success¬ 
ors.  At  the  first  meeting  of  the  City  Council,  after  the  annual  election 
in  April  next,  the  Aldermen  shall  be  divided  by  lot  into  two  classes, 
consisting  of  one  Alderman  from  each  ward  j  the  seats  of  those  of  the 
first  class  shall  be  vacated  at  the  expiration  of  the  first  year,  and  of  the 
second  class  at  the  expiration  of  the  second  year,  so  that  one  half  of 
the  board  shall  be  elected  annually  :  Provided ,  that  the  present 
Aldermen  of  the  city,  whose  terms  of  office  do  not  expire  at  that  time, 
shall  be  placed  in  the  first  class,  and  no  election  shall  be  held  to  supply 
their  places. 

Sec.  4.  If  from  any  cause  there  shall  not  be  a  quorum  of  Aider- 
men,  the  clerk  shall  appoint  the  time  and  place  of  holding  a  special 
election  to  supply  such  vacancies,  and  to  appoint  judges  thereof  if 
necessary.  If  any  Alderman  shall  remove  from  the  ward  represented 
by  him,  his  office  shall  thereby  become  vacant.  If,  from  any  cause,  the 
officers  herein  named  shall  not  be  appointed  on  the  second  Monday  of 
April  in  each  year,  the  City  Council  may  adjourn  from  time  to  time 
until  such  appointments  are  made.  If  there  should  be  a  failure  by  the 
people  to  elect  any  officers  herein  required  to  be  elected,  the  City 
Council  may  forthwith  order  a  new  election. 

Sec.  5.  Any  officer,  elected  or  appointed  to  any  office,  may  he 
removed  from  such  office  by  a  vote  of  three-fourths  of  the  Aldermen 
authorized  by  law  to  be  elected;  but  no  officer  shall  be  removed  except 
for  good  cause,  nor  unless  first  furnished  with  the  charges  against  him, 
and  heard  in  his  defense,  and  the  City  Council  shall  have  power  to 
compel  the  attendance  of  witnesses  and  the  production  of  papers,  when 
necessary,  for  the  purpose  of  such  trial,  and  shall  proceeed  within  ten 
days  to  hear  and  determine  upon  the  merits  of  the  case ;  and  if  such 
officer  shall  neglect  to  appear  and  answer  to  such  charges,  then  the 
City  Council  may  declare  the  office  vacated :  Provided ,  this  section 
shall  not  be  deemed  to  apply  to  any  officer  appointed  by  the  City 
Council ;  such  officer  may  be  removed  at  any  time  bv  a  vote  of  three- 
fourths,  as  aforesaid,  in  their  discretion ;  but  any  officer  may  be  sus- 
pended  until  the  disposition  of  the  charges  when  preferred. 

Sec.  6.  Whenever  any  vacancy  shall  occur  in  the  office  of  Mayor 
or  Alderman,  such  vacancy  shall  be  filled  by  a  new  election,  and  the 


4 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


City  Council  shall  order  such  special  election  within  ten  days  after  the 
happening  of  such  vacancy.  Any  vacancy  occurring  in  any  other 
office  may  be  filled  by  appointment  of  the  City  Council,  but  no  special 
election  shall  be  held  to  fill  vacancies  if  more  than  nine  months  of  the 
time  has  expired. 

Sec.  T.  All  citizens  of  the  United  States,  qualified  to  vote  at  any 
election  held  under  this  act,  shall  be  qualified  to  hold  any  office  created 
by  this  act  ;*  but  no  person  shall  be  eligible  to  any  office,  under  this  or 
any  other  act,  in  relation  to  said  city,  who  is  now,  or  may  hereafter  be, 
a  defaulter  to  said  city,  or  to  the  State  of  Illinois,  or  to  any  other  city 
or  county  thereof ;  and  any  person  shall  be  considered  a  defaulter  who 
has  refused  or  neglected,  or  may  hereafter  refuse  or  neglect  for  thirty 
days,  after  demand  made,  to  account  for  and  pay  over  to  the  party 
authorized  to  receive  the  same,  any  public  money  which  may  have  come 
into  his  possession ;  and  if  any  person  holding  any  such  office  or  place, 
within  the  city,  shall  become  a  defaulter  whilst  in  office,  the  office  or 
place  shall  thereupon  become  vacant. 

Sec.  8.  When  two  or  more  candidates  for  any  elective  office  shall 
have  an  equal  number  of  votes  for  such  office,  the  election  shall  be  deter¬ 
mined  by  the  casting  of  lots,  in  the  presence  of  the  City  Council. 


ARTICLE  III. 
Elections. 


I.  Elections ;  Time  and  Place 
of  Holding. 

II.  Row  Conducted. 


III.  Qualifications  of  Electors . 

IV.  Crog  Shop,  not  Held  in. 

V.  Freedom  from  Arrest  at. 


Section  1.  fA  general  election  of  all  the  officers  of  the  corpora¬ 
tion,  required  to  be  elected  by  this  act,  or  any  ordinance  of  the  city, 
.shall  be  held  in  each  of  the  wards  of  the  citv,  on  the  first  Mondav  of 
April  in  each  year,  at  such  places  as  the  City  Council  may  appoint,  and 
of  which  six  days’  previous  public  notice  shall  be  given,  by  written  or 
printed  notices,  in  three  public  places  in  each  ward,  or  by  publication 
in  the  newspaper  publishing  the  ordinances  of  the  city,  by  the  city 
clerk. 

Sec.  2.  The  manner  of  conducting  and  voting  at  the  elections  held 
under  this  act,  and  contesting  the  same,  the  keeping  the  poll  lists,  can¬ 
vassing  of  the  votes,  and  certifying  the  returns,  shall  be  the  same,  as 
nearly  as  may  be,  as  is  now  or  may  hereafter  be  provided  by  law,  at 
general  State  elections  :  Provided ,  the  City  Council  shall  have  power 
to  regulate  elections,  and  the  appointment  of  the  judges  thereof.  The 

*See  Sec.  1.,  Art.  VII.,  State  Constitution. 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN 


\  ;ng  shall  be  by  ballot,  and  the  judges  of  the  election  shall 
&  ;ue  oath,  and  shall  have  the  same  powers  and  authority  as  tli 


i  i  e 


)U; 


<»i  general  elections.  After  the  closing  of  the  polls  the  ballots  shall  be 
c  muted  in  the  manner  provided  by  law,  and  the  returns  shall  be  returned 
>  ailed  to  the  City  Clerk,  within  three  days  after  the  election,  and  there¬ 
upon  the  City  Council  shall  meet  and  canvass  the  same,  and  declare  the 
result  of  the  election.  The  person  having  the  highest  number  of  votes 
for  any  office  shall  be  declared  elected.  It  shall  be  the  duty  of  the 
City  Clerk  to  notify  all  persons  elected  or  appointed  to  office  of  their 
election  or  appointment,  and  unless  such  persons  shall  qualify  within 
twenty  days  thereafter  the  office  shall  become  vacant. 

Sec.  3.  No  person  shall  be  entitled  to  vote  at  any  election  under 
this  act  who  is  not  entitled  to  vote  at  State  elections,  and  has  not 
been  a  resident  of  said  city  at  least  six  months  next  preceding  said 
election  ;  he  shall  have  been,  moreover,  an  actual  resident  of  the 
ward  in  which  he  proposes  to  vote,  for*  ten  days  previous  to  such 
election,  and  if  required  by  any  judge  or  qualified  voter,  shall  take 
the  following  oath  before  he  is  permitted  to  vote:  f UI  swear  (or 
affirm)  that  I  am  of  the  age  of  twenty-one  years  ;  that  I  am  a  citizen 
of  the  United  States  (or  was  a  resident  of  this  State  at  the  time  of 
the  adoption  of  the  constitution ),  and  have  been  a  resident  of  this 
State  one  year ,  and  a  resident  of  this  city  six  months  immediately 
preceding  this  election ,  and  am  now ,  and  have  been  for  the  last  ten 
days  past ,  a  resident  of  this  ward ,  and  have  not  voted  at  this  elec¬ 
tion  :  Provided, ,  that  the  voter  shall  be  deemed  a  resident  of  the 

ward  in  which  he  is  accustomed  to  lodge. 


Sec.  4.  No  election  shall  be  held  in  any  grog  shop,  or  other  place 
where  intoxicating  liquors  are  vended  by  retail. 

Sec.  5.  The  persons  entitled  to  vote  at  any  election,  held  under 
this  act,  shall  not  be  arrested  in  civil  process,  within  said  city,  upon 
the  day  on  which  said  election  is  held ;  all  persons  illegally  voting  at 
any  election,  held  under  this  act,  or  the  ordinances  of  the  city  in 
pursuance  thereof,  shall  be  punishable  according  to  the  laws  of  the 
State 


'''See  State  Law,  Sec.  74.  Sec.  1,  Art.  VII.,  State  Constitution, 
r  See  State  Law,  Sec.  74. 


('HARTER  ()T  THE  CITY  ()E  CHAMP  A  HEY, 


ARTICLE  IV, 

Powers  and  Duties  of  Officers, 


I. 

II. 

III. 

IV. 

y. 

YI. 

YII. 

VIII. 

IX. 

X. 

X. 


Oath  of  Office. 

Mayor  8  Oath  and  General 
Duties. 

Mayor  to  Suppress  Riot. 
Mayor  to  Examine  Books. 
Mayor  Liable  to  Indictment. 
Mis  Salary. 

His  Veto  Rowers , 


XI.  City  Attorney  ;  his  Duties* 

XII.  City  Treasurer /  “ 

XIII.  City  Marshal ;  u 

XI Y.  City  Engineer ;  “ 

XY.  Assessor  and  Collector  / 
his  Duties. 

XVI.  City  Supervisor ;  his  Du¬ 
ties. 


Vacancy  in  Mayoralty. 

Fire  Wardens ,  who  are. 
Clerk ;  his  Duties. 
Corporate  Seal  and  Papers , 
Wh  ere  Kept. 


XVII.  City  Council;  Prescribe 
Duties  of  Officers  and 
Take  Bonds. 

XVIII.  Successors  of  Officers. 
XIX.  Commissions  of  u 


Section  1.  Every  person  chosen  or  appointed  to  any  executive,, 
judicial,  or  administrative  office  under  this  act,  shall,  before  he  enters 
upon  the  duties  of  his  office,  take  and  subscribe  the  oath  of  office- 
prescribed  in  the  constitution  of  this  State,  and  file  the  same,  duly 
certified  by  the  officer  before  whom  it  was  taken,  with  the  City  Clerk, 

Sec.  2.  The  Mayor  shall,  before  he  enters  upon  the  duties  of  his 
office,  in  addition  to  the  usual  oath,  swear  or  affirm  :  “  That  he  will 

devote  so  much  of  his  time  to  the  duties  of  his  office  as  an  efficient 
and  faithful  discharge  thereof  may  require,’'  He  shall  preside  over 
the  meetings  of  the  City  Council,  and  shall  take  care  that  the  laws 
of  this  State  and  the  ordinances  of  this  city  are  duly  enforced, 
respected  and  observed  within  the  city ;  and  that  all  other  officers  of 
the  city  discharge  their  respective  duties.  He  shall  cause  negligence 
and  positive  violation  of  duty  to  be  prosecuted  and  punished.  He  . 
shall,  from  time  to  time,  give  the  City  Council  such  information,  and 
recommend  such  measures  as  he  may  deem  advantageous  to  the  city, 

call  on  any  and  all  white 
male  inhabitants  of  the  city  or  county,  over  the  age  of  eighteen  years, 
to  aid  in  the  enforcing  the  laws  of  the  State  or  the  ordinances  of  the 

<o 

city ;  and  any  person  who  shall  not  obey  such  call,  shall  forfeit  to- 
said  city  a  fine  of  not  less  than  five  dollars. 

Sec.  4.  He  shall  have  power,  whenever  he  shall  deem  it  necessary, 
to  require  of  any  of  the  officers  of  the  city  an  exhibit  of  his  books- 
and  his  papers ;  and  he  shall  have  power  to  execute  all  acts  that  may 
be  required  of  him  by  this  act,  or  any  ordinance  made  in  pursuance 
thereof. 

Sec.  5.  He  shall  be  liable  to  indictment  in  the  Circuit  Court  of 
Champaign  county  for  palpable  omission  of  duty,  willful  oppression, 
malconduct,  or  partiality  in  the  discharge  of  the  duties  of  his  office  J 
and,  upon  conviction,  shall  be  subject  to  a  fine  not  exceeding  one 


Sec.  3.  *He  is  hereby  authorized  to 


*  See  Roeeman  r*.  City  of  Peoria,  lfi  111.,  484. 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


* 


hundred  dollars ;  and  the  court  shall  have  power,  upon  recommenda¬ 
tion  of  the  jury,  to  add  as  a  part  of  the  judgment  that  he  be  removed 
from  office. 

Sec.  6.  He  shall  receive  such  salary  as  may  be  fixed  by  ordinance, 
not  exceeding  five  hundred  dollars  per  annum. 

Sec.  7.  All  ordinances  and  resolutions  shall,  before  they  take 
effect,  be  placed  in  the  office  of  the  City  Clerk,  and  if  the  Mayor 
approve  thereof  he  shall  sign  the  same :  and  such  as  he  shall  not 
approve  he  shall  return  to  the  City  Council  with  his  objections  thereto. 
Upon  the  return  of  any  ordinance  or  resolution  by  the  Mayor,  the 
vote  by  which  the  same  was  passed  shall  be  reconsidered,  and  if,  after 
such  reconsideration,  a  majority  of  all  the  members  elected  to  the 
City  Council  shall  agree  by  the  “  ayes  and  noes,"  which  shall  be 
entered  upon  the  journals,  to  pass  the  same,  it  shall  go  into  effect;  and 
if  the  Mayor  shall  neglect  to  approve,  or  object  to  any  such  proceed¬ 
ing,  for  a  longer  period  than  three  days  after  the  same  shall  be  placed 
in  the  Clerk’s  office  as  aforesaid,  the  same  shall  go  into  effect.  He 
shall  ex  officio  have  power  to  administer  any  . oath  required  to  be  taken 
by  this  act,  or  any  law  of  the  State  ;  to  take  depositions,  the  acknowl¬ 
edgment  of  deeds,  mortgages,  and  all  other  instruments  of  writing, 
and  certify  the  same  under  the  seal  of  the  city,  which  shall  be  good 
and  valid  in  law. 

Sec.  8.  In  case  of  vacancy  in  the  office  of  Mayor,  or  of  his  being 
unable  to  perform  the  duties  of  his  office,  by  reason  of  temporary  or 
•continued  absence  or  sickness,  the  City  Council  shall  appoint  one  of 
its  members,  by  ballot,  to  preside  over  its  meetings,  whose  official 
designation  shall  be  “Acting  Mayor;  ”  and  the  Alderman  so  appointed 
shall  be  vested  with  all  the  powers  and  perform  all  the  duties  of  Mayor, 
until  the  Mayor  shall  resume  his  office,  or  the  vacancy  shall  be  filled 
by  a  new  election. 

Sec.  9.  *The  members  of  the  City  Council  shall  be  ex  officio  fire 
wardens  and  conservators  of  the  peace  within  the  city ;  and  shall  be 
exempt  from  jury  duty,  and  street  labor,  or  the  payment  of  street 
taxes  during  their  term  of  office. 

Sec.  10.  The  Clerk  shall  keep  the  corporate  seal  and  all  papers 
and  books  belonging  to  the  city ;  he  shall  attend  all  meetings  of  the 
City  Council,  and  keep  a  full  record  of  their  proceedings  on  the 
journals,  and  copies  of  all  papers  duly  filed  in  his  office,  and  tran¬ 
scripts  of  the  journals  of  the  proceedings  of  the  City  Council,  certi¬ 
fied  by  him  under  the  corporate  seal,  shall  be  evidence  in  all  courts, 
in  like  manner  as  if  the  originals  were  produced.  He  shall  likewise 
draw  all  warrants  on  the  treasury,  and  countersign  the  same,  and 
keep  an  accurate  account  thereof  in  a  book  porvided  for  that  purpose. 
He  shall  also  keep  an  accurate  account  of  all  receipts  and  expendi¬ 
tures,  in  such  manner  as  the  City  Council  shall  direct ;  and  he  shall 
have  power  to  administer  any  oath  required  to  be  taken  by  this  act. 

Sec.  11.  Tt  shall  be  the  duty  of  the  City  Attorney  to  perform  all 

Snr.  *2*».  Art.  X  I. 


charter  of  the  CITY  OF  CHAMP  Alex'. 


8 


professional  services  incident  to  liis  office,  and,  when  required,  to 
furnish  written  opinions  upon  questions  and  subjects  submitted  tc 
him  by  the  Mayor,  or  the  City  Council,  or  its  committees  :  Provided , 
however ,  that  the  office  of  City  Attorney  and  City  Clerk  may  be 

vested  in  the  same  person. 

Sec.  12.  The  City  Treasurer  shall  receive  all  moneys  belonging 
to  the  city,  and  shall  keep  an  accurate  account  of  all  receipts  and 
expenditures,  in  such  manner  as  the  City  Council  shall  direct.  All 
money  shall  be  drawn  from  the  Treasury  in  pursuance  of  an  order’ 
of  the  City  Council,  by  a  treasury  warrant,  signed  by  the  Mayor  or 
the  presiding  officer  of  the  City  Council,  and  countersigned  by  the 
Clerk ;  such  warrant  shall  specify  for  what  purpose  the  amount 
therein  named  is  to  be  paid.  The  Treasurer  shall  exhibit  to  the  City 
Council,  at  least  twenty  days  before  the  annual  election  of  each  year, 
and  often  er  if  required,  a  full  and  detailed  account  of  all  receipts  and 
expenditures,  since  the  date  of  the  last  annual  report,  and  also  the  state 
of  the  treasury;  which  account  shall  be  filed  in  the  office  of  the  Clerk. 

Sec.  13.  The  City  Marshal  shall  perform  such  duties  as  shall  be 
prescribed  by  the  City  Council,  for  the  preservation  of  the  public 
peace,  the  collection  of  license  moneys,  fines  or  otherwise.  He  shall 
possess  the  powers  and  authority  of  a  constable  at  common  law, 
and  under  the  statutes  of  this  State,*  and  receive  like  fees,  but  shall 
not  serve  civil  process  without  first  entering  into  bond  as  such  consta¬ 
ble,  to  be  approved  by  the  County  Court,  as  in  other  cases.  He  shall 
execute  and  return  all  process  issued  by  any  proper  officer,  under  this 
act,  or  any  ordinance  in  pursuance  thereof. 

Sec.  14.  f  The  City  Engineer  or  Surveyor  shall  have  the  sole  power, 
under  the  direction  and  control  of  the  City  Council,  to  survey  within 
the  city  limits ;  and  he  shall  be  governed  by  such  rules  and  ordinances, 
and  receive  such  fees  and  emoluments  for  his  services,  as  the  City 
Council  shall  direct  and  prescribe.  He  shall  possess  the  same  powers 
in  making  plats  and  surveys,  within  the  city,  as  is  given  by  law  to 
County  Surveyors,  and  the  like  effect  and  validity  shall  be  given  to 
his  acts,  and  to  all  plats  and  survey's  made  by  him,  as  are  or  may  be 
given  by  law  to  the  acts,  plats  and  surveys  of  the  County  Surveyor. 
He  shall,  when  required  superintend  the  construction  of  all  public 
works  ordered  by  the  city,  make  out  the  plans  and  estimates  thereof, 
and  contract  for  the  erection  of  the  same.  He  shall  perform  all  sur¬ 
veying  and  engineering  ordered  by  the  City  Council,  and  shall,  under 
their  direction,  establish  the  grades  and  boundaries  of  streets  and 
alleys ;  but  such  plans,  estimates  and  contracts,  grades  and  boundaries, 
shall  be  first  reported  to  the  City  Council  and  approved  by  them,  or 
they  shall  not  be  valid. 

Sec.  15.  JThe  Assessor  and  Collector  shall  perform  all  duties  in 
relation  to  the  assessing  of  property  for  the  purpose  of  levying  the 
taxes  imposed  by  the  City  Council.  In  the  performance  of  his  duties 


*  See  Chap.  59  Gross’  Statutes,  3rd  edition, 
f  See  Sec.  35,  I)iv.  1.,  Chap.  25,  Gross’  Statutes.  3rd  edition, 
f  See  further  of  duties  of  Assessor,  part  Art.  IX. 


CHARTEU  OF 


THE  CITY  OF  CHAMPAIGN' 


ft 


lie  shall  have  the  same  powers  as  are  or  may  be  given  by  law  to  County 
or  Town  Assessor,  and  be  subject  to  the  same  liabilities.  On  com¬ 
pleting  the  assessment  list,  and  having  revised  and  corrected  the  same, 
he  shall  si  sen  and  return  them  to  the  City  Council.  He  shall  collect 

cj  v 


all  taxes  and  assessment  which  may  be  levied  by  the  City  Council, 
and  perform  such  other  duties  as  may  be  herein  prescribed  or  ordained 
by  the  City  Council. 

Sec.  16.  The  Supervisor  shall  superintend  all  local  improvements 
in  the  city,  and  carry  into  effect  all  orders  of  the  City  Council  in 
relation  thereto.  It  shall  also  be  his  duty  to  superintend  and  super¬ 
vise  the  opening  of  streets  and  alleys,  and  the  grading,  improving  and 
repairing  thereof,  and  the  construction  and  repairing  of  bridges,  cul¬ 
verts  and  sewers ;  to  order  the  laying,  relaying  and  repairing  of  side¬ 
walks  ;  to  give  notice  to  the  owners  of  property  adjoining  such 
sidewalks,  when  required,  and,  upon  the  failure  of  any  person  to 
comply  with  such  notice,  to  cause  the  same  to  be  laid,  relaid  or 
repaired,  and  apportion  the  costs  thereof  among  the  persons,  or  lots 
[or]  property  chargeable  therewith,  and  deliver  the  account  thereof  to 
the  City  Clerk,  to  be  laid  before  the  City  Council;  to  make  plans  and 
estimates  of  any  work  ordered  in  relation  to  streets  and  alleys,  bridges, 
culverts  or  sewers;  to  keep  full  and  accurate  accounts,  in  appropriate 
books,  of  all  appropriations  made  for  work  pertaining  to  his  office,  and  of 
all  disbursements  thereof,  specifying  to  whom  made,  and  on  what  account ; 
and  he  shall  render  monthly  accounts  thereof  to  the  City  Council. 

Sec.  IT.  The  City  Council  shall  have  power,  from  time  to  time,  to 
require  further  and  other  duties  of  all  officers,  whose  duties  are  herein 
prescribed,  and  prescribe  the  powers  and  duties  of  all  officers  elected  or 
appointed  to  any  office  under  this  act,  whose  duties  are  not  herein  spe¬ 
cifically  mentioned,  and  fix  their  compensation.  They  may  also 
require  all  officers,  severally,  before  they  enter  upon  the  duties  of 
their  respective  offices,  to  execute  a  bond  to  the  City  of  Champaign, 
in  such  sum  and  with  such  securities  as  they  may  approve,  conditioned 
that  they  shall  faithfully  execute  the  duties  of  their  respective  offices, 
and  account  for  and  pay  over  and  deliver  all  moneys  and  other  propj 
erty  received  by  them;  which  bond,  with  the  approval  of  the  City 
Council,  certified  thereon  by  the  Clerk,  shall  be  filed  in  his  office. 


Sec.  18.  If  any  person,  having  been  an  officer  of  said  city,  shall 
not,  within  ten  days  after  notification  and  request,  deliver  to  his  suc¬ 
cessor  in  office  all  the  property,  books,  papers  and  effects  of  every 
description  in  his  possession,  belonging  to  said  city  or  appertaining  to 
his  said  office,  he  shall  forfeit  and  pay,  for  the  use  of  the  city,  fifty 
dollars,  besides  all  damages  caused  by  his  refusal  or  neglect  so  to 
deliver ;  and  such  successor  may  recover  possession  of  the  books, 
papers  and  effects  belonging  to  his  office,  ill  the  manner  prescribed  by 
the  laws  of  the  State. 

Sec.  19.  All  officers  elected  or  appointed  under  this  act,  shall  be 
commissioned  by  warrant  under  the  corporate  seal,  signed  by  the 
Mayor  or  presiding  officer  of  the  City  Council,  and  Clerk. 


10 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


ARTICLE  V. 

Power  and  Duties  of  tiie  City  Council. 


1. 


1 1 1.  Meetings  of,  may  Issue  Bonds 
III.  Judges  of  Election ;  of  Mem 
hers  of. 

IV.  Control  City  Finances;  and  hereof— 

May  Borrow ;  Bowers  therein.  24,  Regulate  the  Weight  of  Bread 


I.  City  Council  Meetings  of. 

I.  Mayor ,  Duties  Therein. 

1 1.  Their  Fees  and  Disabilities 


P  Provide  for  Expenses. 

u  “  Quarantine . 

“  u  General  Health 

u  “  Water  Works. 

Control  Streets  and  Alleys. 

7.  Control  Bridges,  Sidewalks, eti 

8.  Provide  for  Lighting  Streets. 

9. 

u 


8. 

4. 

6. 

6. 


u 


10. 

11. 

12. 

13. 

14. 


markets. 

“  Public  Grounds. 
Establish  Hospitals. 

Prevent  Encumbering  Streets. 
Grant  Licenses. 


25.  u  the  Size  of  Brick. 

26.  “  .  the  Police . 

27.  Suppress  Riot . 

28.  Prevent  Horse  Racing,  etc . 

29.  Punish  Vagrants . 

30.  Regulate  the  Running  at  Large 

of  Horses  and  Other  Ani¬ 
mals. 

31.  Prevent  Rolling  Hoops,  etc . 

4  bate  Nuisances. 

3.  Promote  Health . 

34.  Cleanse  the  City. 


90 

o  — 


qe 


Control  Hackman  dad  Dray-  35.  Regulate  Brewers,  Packing 


men. 

15.  Control  Billiard  Tables,  Tip- 

ling  Houses,  etc. 

16.  Control  Incenses. 

17.  “  the  Sale  of  Liquor . 

18.  Prevent  Forestalling. 

18.  Regulate  Provision  Market . 


19. 

20. 
21. 
22. 

23. 


u 

a 

a 

a 

a 


Butchers 
Weights  and,  Measures . 
the  Sale  of  Lumber, 
the  Sale  of  Hay,  Lime 
and  Fuel. 

the  Sale  of  Beef,  Pork, 
etc . 


Houses,  etc. 

36.  Regulate  Cemeteries. 

37.  Take  the  Census. 

38.  Erect  Work  Houses;  Powers 

III  7  ' 

1  nerevn . 

39.  Provide  for  Education. 

40.  Fill  up  Drains,  etc, 

41 .  Direct  the  Laying  of  Railroad 

Tracks. 

Ordinances ;  may  Pass,  Amend 
and  Revise  ;  Bowers  There¬ 
in. 


Section  1.  The  Mayor  and  Aldermen  shall  constitute  the  City 
Council  of  the  city.  The  City  Council  shall  meet  at  such  time  and 
place  as  they  shall  by  resolution  direct.  The  Mayor,  when  present, 
shall  preside  at  all  meetings  of  the  City  Council,  and  shall  have  only 
a  casting  vote;  in  his  absence,  any  one  of  the  Aldermen  maybe 
appointed  to  preside.  A  majority  of  the  persons  elected  Aldermen 
shall  constitute  a  quorum. 

8ec.  2.  The  members  of  the  City  Council  shall  receive  such 


compensations  for  their  services  as  the  City  Council  may  direct  : 
Provided,  that  no  member  of  the  City  Council  shall  receive  more 
than  two  dollars  for  each  regular  monthly  meeting  of  the  City 
Council,  and  not  more  than  one  dollar  for  every  called  or  special 
meeting  of  the  same:  and  6  any  member  shall  be  absent  from  any 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


1 1 


meetirg  of  the  City  Council,  he  shall  r  ot  receive  pay  for  that  meeting. 
No  member  of  the  City  Council  shall  be  appointed  to,  or  be  competent 
io  hold  any  office,  of  which  the  emoluments  are  raid  from  the  city 
treasury,  or  paid  by  fees  directed  to  be  paid  by  any  act  or  ordinance 
of  the  City  Council,  or  be  directly  or  indirectly  interested  in  any 
contract,  the  expense  or  consideration  whereof  is  to  be  paid  under 
any  ordinance  of  the  City  Council,  or  be  allowed  to  vote  in  any  mat¬ 
ter  in  which  he  is  directly  interested,  personally  [or]  pecuniarily. 

Sec.  3.  The  City  Council  shall  hold  twelve  stated  meetings,  (one 
in  each  month)  during  the  year;  and  the  Mayor,  or  any  two  Aider- 
men,  may  call  special  meetings,  by  notice  to  each  of  the  members  of 
the  City  Council,  served  personally,  or  left  at  their  usual  places  of 
abode.  That  said  City  of  Champaign  shall  not  at  any  time  issue  city 
bonds  for  a  greater  amount  than  ten  thousand  dollars,  without  sub¬ 
mitting  the  question  of  issuing  such  bonds  to  a  vote  of  the  legal 
voters  of  said  city,  which  vote  or  election  shall  be  held  as  elections 
are  now  held  under  this  charter,  for  the  elections  of  such  officers  of 
the  corporation  as  by  this  act  are  required  to  be  elected,  by  a  vote 
of  the  people.  If  there  is  a  majority  in  favor  of  issuing  bonds,  then 
it  shall  be  lawful  for  the  corporation,  acting  through  the  proper  officer, 
to  issue  bonds.  Petitions  and  remonstrances  may  be  presented  to  the 
City  Council,  and  they  shall  determine  the  rule  of  their  own  proceed¬ 
ings,  and  be  the  judges  of  the  election  and  qualification  of  their  own 
members,  and  shall  have  power  to  compel  the  attendance  of  absent 
members. 


Sec.  4.  The  City  Council  shall  have  the  control  of  the  finances, 
and  of  all  the  property,  real,  personal  and  mixed, belonging  to  the 
corporation;  and  shall  likewise  have  power,  within  the  jurisdiction  of 
the  city,  by  ordinance — 

First — *To  borrow  money  on  the  credit  of  the  city,  and  issue  the 
bonds  of  the  city  therefor  ;  but  no  sum  of  money  shall  be  borrowed 
at  a  higher  rate  of  interest  than  the  rate  allowed  by  law;  nor  shall  a 
greater  sum  or  sums  be  borrowed,  or  at  any  time  outstanding,  the  inter¬ 
est  upon  the  aggregate  of  which  shall  exceed  the  one-half  of  the  city 
revenue  arising  from  the  ordinary  taxes  within  the  city,  for  the  year 
immediately  preceding,  and  no  bonds  shall  be  issued  or  negotiated  at 
more  than  ten  per  cent,  below  par  value,  and  when  so  issued  and 
negotiated,  the  interest  on  the  same  shall  not  exceed  eight  per  cent.V 
per  annum.  The  appropriations  of  the  City  Council,  for  payment  of 
interest  for  the  improvements  and  for  city  expenses,  during  any  one 
fiscal  year,  shall  not  exceed  the  amount  of  the  whole  ordinary  revenue 
of  the  city  for  the  fiscal  year  immediately  preceding;  but  the  City^ 
Council  may  apply  any  surplus  money  in  the  treasury  to  the 
extinguishment  of  the  city  debt,  or  the  creation  of  a  sinking  fund 
for  that  purpose,  or  to  the  carrying  on  of  the  public  works  of  the 
city,  or  to  the  contingent  fund  for  the  contingent  expenses  of  the 
city. 


*  Sp*>  A S**<\  I  and  S<-<\  ">. 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


3  2 


Second- — To  appropriate  money  and  provide  for  the  payment  of 
the  debts  and  expenses  of  the  city. 

Third — To  make  regulations  to  prevent  the  introduction  of  conta¬ 
gious  diseases  into  the  city;  to  make  quarantine  laws  for  that  purpose, 
and  to  enforce  them  within  the  city  and  within  five  miles  thereof. 

Fourth. — To  make  regulations  to  secure  the  general,  health  and 
comfort  of  the  inhabitants;  to  prevent,  abate  and  remove  nuisances, 
and  punish  the  authors  thereof  by  penalties,  fines  and  imprisonment  ; 
to  define  and  declare  what  shall  be  deemed  nuisances,  and  authorize 
the  direct  summary  abatement  thereof. 

Fifth. — To  provide  the  city  with  water ;  to  make,  regulate  and 
establish  public  wells,  pumps  and  cisterns,  hydrants  and  reservoirs,  in 
the  streets,  within  the  city  or  beyond  the  limits  thereof,  for  the  extin- 
guishment  of  fires  and  the  convenience  of  the  inhabitants,  and  to  pre¬ 
vent  the  unnecessary  waste  of  water. 

Sixth. — To  have  exclusive  control  and  power  over  the  streets,  alleys 
and  highways  of  the  city,  and  to  abate  and  remove  any  encroachment 
or  obstruction  thereon ;  to  open,  alter,  abolish,  widen,  extend,  straighten, 
establish,  regulate,  grade,*  clean,  or  otherwise  improve  the  same;  to 
put  drains  and  sewers  therein,  and  prevent  the  encumbering  thereof, 
in  any  manner,  and  protect  the  same  from  any  encroachment  or 
injury. 

Seventh. — To  establish,  erect,  construct,  regulate  and  keep  in  repair 
bridges,  culverts  and  sewers,  sidewalks  and  crossways,  and  regulate  the 
construction  and  use  of  the  same,  and  abate  any  obstructions  or 
encroachments  thereof;  to  establish,  alter,  change  and  straighten  the 
channels  of  water-courses  and  natural  drains,  to  sewer  the  same  or  wall 
them  up  and  cover  them  over,  and  to  prevent,  regulate  and  control 
the  filling  up,  altering  or  changing  the  channels  thereof  by  private 
pesons. 

Eighth. — To  provide  for  lighting  the  streets  and  erecting  lamp-posts 
and  lamps  thereon,  and  regulate  the  lighting  thereof,  and  from  time  to 
time  create,  alter  or  extend  lamp  districts ;  to  exclusively  regulate, 
direct  and  control  the  laying  and  repairing  the  gas  pipes  and  gas 
fixtures  in  the  streets,  alleys  and  sidewalks. 

Ninth. — To  establish  and  erect  markets,  market-houses,  and  other 
public  buildings  of  the  city,  and  provide  for  the  government  and  regu¬ 
lation  thereof,  and  their  erection  and  location,  and  to  authorize  their 
erection  in  the  streets  and  avenues  of  the  city,  and  the  continuation  of 
such  as  are  already  erected  within  the  same. 

Tenth. — To  provide  for  the  enclosing,  regulating  and  improving  all 
public  grounds  and  cemeteries  belonging  to  the  city,  and  to  direct  and 
regulate  the  planting  and  preserving  of  ornamental  and  shade  trees  in 
the  streets  or  public  grounds. 

Eleventh. — To  erect  and  establish  one  or  more  hospitals  or  dispensa¬ 
ries,  and  control  and  regulate  the  same. 

Twelfth. — To  prevent  the  encumbering  of  the  streets,  alleys,  side- 

«*.  City  of  ( 'hi.rufco,  2 ft  Til..  24-0. 


CIT  A  TITER  OF  THE  CITY  OF  CHAMPAIGN" 


walks  or  public  grounds  with  carriages,  wagons,  carts,  wheel-barrows, 
boxes,  lumber,  timber,  fire-wood,  posts,  awnings,  signs,  or  any  other 
substance  or  material  whatever ;  to  compel  all  persons  to  keep  the 
snow,  ice,  dirt  and  other  rubbish  from  the  sidewalks  and  street  gutter 
in  front  of  the  premises  occupied  by  them. 

Thirteenth. — To  license,  tax  and  regulate  merchants,  commission 
merchants,  inn-keepers,  brokers,  money  brokers,  insurance  brokers  and 
auctioneers,  and  to  impose  duties  on  the  sale  of  goods  at  auction  ; 
to  license,  tax,  regulate,  suppress  and  prohibit  hawkers,  peddlers, 
pawnbrokers,  grocery  keepers  and  keepers  of  ordinaries,  theatrical  or 
other  exhibitions,  shows  and  amusements. 

Fourteenth. — To  license,  tax,  regulate  and  suppress  hackmcn,  dray¬ 
men,  omnibus  drivers,  porters,  and  all  others  pursuing  like  occupations, 
with  or  without  vehicles,  and  prescribe  their  compensation,  and  to 
regulate  and  restrain  runners  for  stages,  cars  and  public  houses. 

Fifteenth. — To  license,  tax,  regulate,  prohibit  and  suppress  billiard 
tables,  pin  alleys  and  ball  alleys,  to  suppress  and  restrain  disorderly 
houses,  tippling  shops  and  groceries,  bawdy  houses,  gambling  and 
gambling  houses,  lotteries,  and  all  fraudulent  devices  and  practices, 
and  all  playing  of  cards,  dice,  and  other  games  of  chance,  with  or 
without  betting,  and  to  authorize  the  destruction  of  all  instruments  and. 
devices  used  for  the  purpose  of  gaming. 

Sixteenth. — To  authorize  the  proper  officer  of  the  city  to  grant  and 
issue  licenses,  and  to  direct  the  manner  of  issuing  and  registering 
thereof,  and  the  fees  and  charges  to  be  paid  therefor.  No  license 
shall  be  granted  for  more  than  one  year,  and  not  less  than  three 
dollars  nor  more  than  five  hundred  dollars  shall  be  charged  for  any 
license  under  this  act,  and  the  fees  for  issuing  the  same  shall  not  exceed 
one  dollar;  but  no  license  for  the  sale  of  wines  or  other  liquors,  ardent 
or  vinous,  fermemted  or  malt,  [at]  wholesale  or  retail,  by  grocery 

shall  be  issued  for  less  than  fifty 


otl 


lers. 


keepers  inn  keepers  or 
dollars. 

Seventeenth. — To  restrain,  regulate  and  prohibit  the  selling  or  giving 
away  of  any  intoxicating  or  malt  liquors,  by  any  person  within  the  city, 
except  by  persons  duly  licensed;  to  forbid  and  punish  the  selling  or 
giving  away  of  any  intoxicating  or  malt  liquors  to  any  minor,  appren¬ 
tice  or  servant,  without  the  consent  of  the  parent,  guardian,  master  or 
mistress. 

Eighteenth. — To  prevent,  restrain  and  punish  forestalling  and  regrat¬ 
ing  ;  to  regulate  the  inspection  and  vending  of  fresh  meats,  poultry 
and  vegetables,  of  butter,  lard  and  other  provisions,  and  the  place  and 
manner  of  selling  fish,  and  inspecting  the  same. 

Nineteenth. — To  regulate,  license  and  prohibit  butchers,  and  to 
revoke  their  license  for  malconduct  in  the  course  of  trade. 

Twentieth. — To  establish  standard  weights  and  measures,  and  to 
regulate  the  weights  and  measures  to  be  used  within  the  city,  in  all 
cases  not  otherwise  provided  by  law ;  to  require  all  traders  or  dealers 
in  merchandize  or  property  of  any  description,  which  is  sold  by  mens- 


14 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN'. 


/ 

nre  or  weight,  to  cause  their  measures  and  weights  to  be  tested' and 
sealed  by  the  City  Sealer,  and  to  he  subject  to  his  inspection.  The 
standard  of  such  weights  and  measures  shall  be  conformable  to  those 
established  by  law  or  ordinance. 

Twenty-first. — To  regulate  and  provide  for  the  inspecting  and 
measuring  of  lumber,  shingles,  timber,  posts,  staves,  heading,  and  all 
kinds  of  building,  materials,  and  for  the  measuring  of  all  kinds  of 
mechanical  work,  and  to  appoint  one  or  more  inspectors  or  meas¬ 
urers. 

Twenty-second. — To  provide  for  the  inspection  and  weighing  of  hay, 
lime  and  stone  coal,  and  the  place  and  manner  of  selling  the  same;  to 
regulate  the  measurement  of  fire-wood,  charcoal  and  other  fuel  to  be 
sold  or  used  within  the  city,  and  the  place  and  manner  of  selling  the 
same. 

Twenty -third. — To  regulate  the  inspection  of  beef,  pork,  flour,  meal, 
and  other  provisions;  salt,  whisky  and  other  liquors  to  be  sold  in  bar¬ 
rels,  hogsheads,  and  other  vessels  or  packages ;  to  appoint  weighers, 
gaugers  and  inspectors,  and  prescribe  their  duties  and  regulate  their 
fees:  Provided ,  that  nothing  herein  shall  be  so  construed  as  to  require 
the  inspection  of  any  articles  enumerated  herein  which  are  to  be 
shipped  beyond  the  limits  of  the  State,  except  at  the  request  of  the 
owner  thereof  or  his  agent. 

Twenty-fourth. — To  regulate  the  weight  and  quality  of  bread  to 
be  sold  or  used  within  the  city. 

Twenty-fifth. — To  regulate  the  size  and  quality  of  bricks  to  be  sold 
or  used  within  the  city,  and  the  inspection  thereof. 

Twenty-sixth. — To  create,  establish  and  regulate  the  police  of  the 
city ;  to  appoint  watchmen  and  policemen,  and  prescribe  their  duties 
and  powers. 

Twenty-seventh.-— To  prevent  and  suppress  any  riot,  rout,  affray, 
noise,  disturbance  or  disorderly  assembly,  in  any  pulic  or  private  place 
within  the  city. 

Twenty-eighth. — To  prohibit,  prevent  and  suppress  horse-racing, 
immoderate  riding  or  driving  in  the  streets,  and  to  authorize 
persons  immoderately  riding  or  driving,  as  aforesaid,  to  be  stopped  by 
any  person ;  to  prohibit  and  punish  the  abuse  of  animals ;  to  compel 
persons  to  fasten  their  horses  or  other  animals,  attached  to  vehicles 
or  otherwise,  while  standing  or  remaining  in  the  streets. 

Twenty-ninth. — To  restrain  and  punish  vagrants,  mendicants,  street 
beggars  and  prostitutes. 

Thirtieth — To  regulate,  restrain  or  prohibit  the  running  at  large 
of  horses,  cattle,  swine,  sheep,  goats  and  geese,  and  to  authorize  the 
distraining,  impounding  and  sale  of  the  same  for  the  costs  of  the 
proceedings  and  the  penalty  incurred,  and  to  impose  penalties  on 
the  owners  thereof  for  the  violations  of  any  ordinance  in  relation 
thereto;  to  regulate,  restrain  and  prohibit  the  running  at  large  of 
dogs,  and  to  authorize  their  destruction  when  at  large  contrary  to 
ordinance,  and  to  impose  penalties  oft  the  owners  or  keepers  thereof. 


Thirty-first. — To  prohibit  and  restrain  the  rolling  of  hoops,  living 
of  kites,  or  any  other  amusements  or  practices  tending  to  annoy  per* 
sons  passing  on  the  streets  or  sidewalks,  or  to  frighten  horses  or  teams; 
to  restrain  and  prohibit  the  ringing  of  bells,  blowing  of  horns  or 
bugles,  crying  of  goods,  and  other  noises,  performances  and  practices 
tending  to  the  collecting  of  persons  on  the  streets  or  sidewalks,  by 
auctioneers  and  others,  for  the  purpose  of  business,  amusements  or 
otherwise* 


T h irty- Second. — T o  abate  all 
the  public  health  or  comfort,  in 
dient. 


nuisances  which  may  ini  ure  or  affect 

«/  •) 

any  manner  they  may  deem  expo- 


/ 


Thirty*  Third.-— To  do  all  acts  and  make  all  regulations  which  may 
be  necessary  or  expedient  for  the  promotion  of  health  and  the  sup¬ 
pression  of  disease. 

Thirty-Fourth. — -To  compel  the  owner  or  occupant  of  any  grocery, 
cellar,  soap  or  tallow  chandler,  or  blacksmith  shop,  tannery,  stable, 
privy,  sewer,  or  other  unwholesome  or  nauseous  house  or  place,  to 
cleanse,  remove  or  abate  the  same,  as  may  be  necessary  for  the  health, 
comfort  or  convenience  of  the  inhabitants* 

Thirty-Fifth.-—  To  direct  the  location  and  regulate  the  management 
and  construction  of  breweries,  tanneries,  blacksmith  shops,  foundries, 
livery  stables  and  packing-houses;  to  direct  the  location  and  regulate 
the  management  and  construction  of,  and  restrain,  abate  and  prohibit, 
within  the  city,  and  to  the  distance  of  one  mile  from  the  limits  thereof, 

V  '  / 

distilleries,  slaughtering  establishments,  establishments  for  steaming  or 

7  o  o  1  o 

readj_er]ing  lard,  tallow,  offal,  and  such  other  substances  as  may  be 

rendered,  and  all  other  establishments  or  places  where  any  nauseous, 

offensive  or  unwholesome  business  may  be  carried  on. 

«/ 


Thirty-sixth. — -To  regulate  the  burial  of  the  dead; 

to 


regulate  one  or  more  cemeteries 


regulate  the  registration 

o  o 


to  establish  or 
of  births 


and  deaths;  to  direct  the  returning  and  keeping  of  bills  of  mortality, 
and  to  impose  penalties  on  physicians,  and  sextons  and  others,  for  any 
default  in  the  premises. 

T hirty -seventh. — -To  provide  for  the  taking  an  enumeration  of  the 
inhabitants  of  the  city. 

T hirty -eight! u — To  erect  and  establish  a  work-house,  or  house  of 
correction,  make  all  necessary  regulations  therefor,  and  appoint  all 
necessary  keepers  or  assistants.  In  such  work-house,  or  house  of 
correction,  may  be  confined  all  vagrants,  stragglers,  idle  and  disorderly 
persons,  who  may  be  committed  thereto  by  any  proper  officer,  and  all 
persons  sentenced  by  any  criminal  court  or  magistrate  in  and  for  the 
city,  or  for  the  county  of  Champaign ;  for  any  assault  and  battery, 
pettit  larceny,  or  other  misdemeanor  punishable  by  imprisonment  in 
any  county  jail;  and  any  person  who  shall  fail  or  neglect  to  pay  any 
fine,  penalty  or  cost  imposed  by  any  ordinance  of  the  city,  for  any 
misdemeanor  or  breach  of  any  ordinance  of  the  city,  may,  instead  of 
being  committed  to  the  county  jail  of  Champaign  county,  be  kept 
therein  subject  to  labor  and  confinement. 


CHAKTEU  OF  THF  C ITY  oF  CHAMPAIGN 


Thirty-ninth. — To  authorize  and  direct  the  taking  up  and  providing 
for  the  safe  keeping  and  education,  for  such  periods  of  time  as  may  be 
deemed  expedient,  of  all  children  who  are  destitute  of  proper  parental 
care,  wandering  about  the  streets  committing  mischief,  and  growing 
up  in  mendicancy,  ignorance,  idleness  and  vice. 

Fortieth ,■ — To  fill  up,  drain,  cleanse,  alter,  relay,  repair  and  regulate 
any  grounds,  lots,  yards,  cellars,  private  drains,  sinks  and  privies ; 
direct  and  regulate  their  construction,  and  cause  the  expenses  thereof 
to  be  assessed  and  collected  in  the  same  manner  as  sidewalk  and  assess¬ 
ments.* 


Forty-first. — -To  direct  and  control  the  laying  and  construction  of 
railroad  tracks,  bridges,  turnouts  and  switches  in  the  streets  and  alleys, 
and  the  location  of  depot  grounds  within  the  city ;  to  require  that  rail¬ 
road  tracks,  bridges,  turn-outs  and  switches  shall  be  so  constructed  and 
laid  as  to  intefere  as  little  as  possible  with  the  ordinary  travel  and  use 
of  the  streets  and  alleys,  and  that  sufficient  space  shall  be  left  on  either 
side  of  said  tracks  for  the  safe  and  convenient  passage  of  teams  and 
persons ;  to  require  railroad  companies  to  keep  in  repair  the  streets 
through  which  their  track  may  run,  and  to  construct  and  keep  in 
repair  suitable  crossings  at  the  intersection  of  streets,  and  alleys,  and 
ditches,  sewers  and  culverts,  where  the  City  Council  shall  deem  neces¬ 
sary  ;  to  direct  and  prohibit  the  use,  and  regulate  the  speed  of  locomo¬ 
tive  engines  within  the  inhabited  parts  of  the  city;  to  prohibit  and 
restrain  railroad  companies  from  doing  storage  or  warehouse  business, 
or  collecting  pay  for  storage. 

Forty  ■^second. — The  City  Council  shall  have  power  to  pass,  publish, 
amend  and  repeal  all  ordinances,  rules  and  publice  [policej  regulations, 
not  contrary  to  the  Constitution  of  the  United  States  or  of  this  State, 
for  the  good  government,  peace  and  order  of  the  city,  and  the  trade 
and  commerce  thereof,  that  may  be  necessary  or  proper  to  carry  into 
effect  the  powers  vested  by  this  act  in  the  corporation,  the  city  govern¬ 
ment,  or  any  department  or  officer  thereof ;  to  enforce  the  observance 
of  all  such  rules,  ordinances  and  police  regulations,  and  to  punish 
violations  thereof  by  lines,  penalties  and  imprisonment  in  the  county 
jail,  city  prison  or  work-house,  or  both,  in  the  discretion  of  the  court 
or  magistrate  before  whom  conviction  may  be  had;  but  no  fine  or 
penalty  shall  exceed  five  hundred  dollars,  nor  the  imprisonment  six 
months,  for » any  offense,  and  such  fine  or  penalty  may  be  recover  el, 
with  costs,  in  an  action  of  debt,  in  the  name  or  for  the  use  of  the  city, 
before  any  court  having  jurisdiction,  and  punishment  inflicted;  and 
any  person,  upon  whom  any  fine  or  penalty  is  imposed,  shall  stand- 
committed  until  the  payment  of  the  same  and  costs,  and  in  default 
thereof  may  be  imprisoned  in  the  county  jail,  city  prison  or  work- 
house,  or  required  to  labor  on  the  streets  or  other  public  works  of  the 
city,  for  such  time  and  in  such  manner  as  may  be  provided  by  ordi¬ 
nance.  f 

*  See  post  See.  4,  Art.  Till,  and  Note. 

t  See  Soor..  19  and  20  of  Amendments, 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


IT 


ARTICLE  VI. 
Of  Taxation. 


I.  Power  of  the  Council ,  and  therein. 


2.  To  Levy  Taxes  for  School 
Purposes .  j 


1.  To  Levy  Taxes  for  Generate 
Purposes. 


4.  To  Levy  Taxes  to  .Build  Mar¬ 
ket  Houses  and,  for  Other 
Purposes. 


3.  To  Levy  Taxes  to  Pay  Inter¬ 
est. 


a.  To  Levy  Taxes  for  Lighting 
Streets  and  for  Lamp  Posts. 


6.  To  Levy  Poll  Tax  for  Street 


Purposes. 


Section  1.  The  City  Council  shall  have  power  within  the  city,  by 
ordinance, 

First. — To  levy  and  collect,  annually,  taxes,  not  exceeding  live  mills 
to  the  dollar,  on  the  assessed  value  of  all  real  and  personal  estate  and 
property  within  the  city,  and  all  personal  property  of  the  inhabitants 
thereof,  made  taxable  by  the  laws  of  the  State  for  State  purposes,  to 
defray  the  general  and  contingent  expenses  of  the  city  not  herein 
otherwise  provided  for,  which  taxes  shall  constitute  the  general  fund. 

*  Second. — To  annually  levy  and  collect  a  school  tax,  not  exceeding 
live  mills  on  the  dollar,  on  all  property  taxable  for  State  purposes,  for 
purchasing  ground  for  school  houses,  building  and  repairing  school 
houses,  supporting  and  maintaining  schools. 

Third. — To  levy  and  collect,  taxes,  not  exceeding  live  mills  to  the 
dollar,  per  annum,  on  all  property  subject  to  taxation,  to  meet  the 
interest  acc[r]uing  on  the  debt  of  the  city;  and  the  City  Council  shall 
pass  no  ordinance  or  resolution  incurring  or  creating  a  debt,  without, 
at  the  same  time,  making  provisions  for  the  levying  a  tax  sufficient  « 

to  meet  the  payment  of  interest  accruing  thereon  when  payable. 

j* Fourth . — To  annually  levy  and  collect  taxes  on  all  property  subject 
to  taxation,  when  required,  for  the  erection  of  a  city  hall,  markets, 
hospitals,  city  prison  or  work-house,  the  purchase  of  market  grounds, 
public  squares  or  parks,  or  any  other  public  improvements :  Provided , 
the  estimated  cost  of  a  city  hall,  work-house  or  market-house,  may  be 
apportioned  by  the  City  Council,  and  collected  by  a  series  of  annual 
assessments.  But  the  cost  of  market  grounds,  markets,  public  squares, 
or  other  improvements,  may  be  levied  and  collected  upon  all  real 
estate  and  other  property,  in  the  natural  divisions  of  the  city  in  which 
they  are  located.  No  local  improvement,  under  this  section,  shall  be 
ordered  in  any  division  or  ward  unless  the  Alderman  from  each  ward 
shall  vote  for  the  same.  But  no  tax  or  taxes  shall  be  levied  in  any 
one  year,  under  this  section,  which  shall  exceed  five  mills  to  the  dollar 
on  the  property  assessed  for  any  or  all  the  purposes  herein  specified. 

The  revenue  arising  from  such  markets,  or  other  improvements,  shall 
be  applied  to  the  liquidation  of  the  costs  thereof,  and  taxes  shall  be 
levied  and  collected  to  make  up  the  deficiency. 

*Se#  General  School  Law  for  further  matter?  on  this  subject,  Chap.  98,  3rd  edition  Groan1  Statutes. 

f  See  See.  ft  of  Amendments. 


17 


18 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


Fifth. — To  levy  and  collect  upon  all  property,  in  such  districts  as 
they  shall  from  time  to  time  create,  a  tax  sufficient  to  defray  one-half 
of  the  expenses  of  erecting  lamp-posts  and  posts,  and  lighting  the 
streets  in  such  district  or  ward,  and  the  tax  thus  collected  shall  be 
exclusively  expended  for  such  purpose  in  the  district  or  ward  paying 
the  same. 

*  Sixth. — To  Require,  and  it  is  hereby  made  the  duty  of  every  male 
resident  of  the  city  over  the  age  of  twenty-one  years  and  under  the 
age  of  fifty  years,  to  labor  three  days  in  each  year  upon  the  streets 
and  alleys  of  the  city;  but  any  person  may,  at  his  option,  pay  in  lieu 
thereof  two  dollars :  Provided ,  the  same  shall  be  paid  within  ten 
days  after  notification  by  the  Supervisor.  In  default  of  payment  as 
aforesaid,  the  sum  of  three  dollars  and  costs  may  be  collected,  and  no 
set-off  shall  be  allowed  in  any  suit  brought  to  collect  the  same. 


ARTICLE  VII. 

Of  Assessments  for  Opening  Streets  and  Alleys. 


I.  City  Council ,  Fewer  of. 

I.  Streets  and  Alleys  to  he 
Surveyed. 

II.  Notice. 

II.  Commissioners  Appointed. 

III.  Their  Duties  ;  to  be  Sworn. 

IV.  Buildings ;  how  Proceed. 

V.  Notice  to  Parties  Interested. 

VI.  Sale  and  Notice  of. 

VII.  Assessments ;  Damage  and 
Benefits. 

VIII.  To  Strike  Balance. 

IX.  Lands  of  Different  Parties. 

X.  Apportionment. 

XI.  Notice  of  Assessment ,  and 
Proceedings  Therein. 


XII.  Removal  of  Commission¬ 
ers. 

XIII.  Damage  to  he  Paid. 

XIV.  Contracts  or  Leases  ;  how 

Proceed. 

XV.  Contracts  or  Leases,  Dis¬ 
solved  pro  rata. 

XVI.  Appeal ,  Proceedings  in. 

XVII.  Owner  or  Landlord  may 
Sue  to _  Recover  Dam¬ 
ages  Paid. 

XVIII.  City  Council  may  Change 
Proceedings. 

XIX.  Infants ;  how  Proceed . 


Section  1.  The  City  Council  shall  have  power  to  open  and  lay 
out  public  grounds  or  squares,  streets,  alleys  and  highways,  and  to 
alter,  widen,  contract,  straighten  and  discontinue  the  same;  but  no 
street,  alley  or  highway,  or  any  part  thereof,  shall  be  discontinued  or 
contracted  without  the  consent,  in  writing,  of  all  persons  owning  lands 
or  lots  adjoining  said  street,  alley  or  highway.  They  shall  cause  all 
streets,  alleys  and  highways,  or  public  squares,  or  ground  laid  out  by 
them,  to  be  surveyed,  dese[r]ibed  and  recorded  in  a  book,  to  be  kept  by 

*  See  Amendments, Sec.  2. 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


19 


the  clerk,  showing  accurately  and  particularly  the  proposed  improve¬ 
ments  and  the  real  estate  required  to  be  taken,  and  the  same  when 
opened  and  made  shall  be  public  highways  and  public  squares. 

Sec.  2.  *  Whenever  any  street,  alley  or  highway,  public  ground  or 

square,  is  proposed  to  be  laid  out,  opened,  altered,  widened,  or  straight¬ 
ened,  by  virtue  hereof,  and  the  amount  of  compensation  cannot  be 
agreed  upon,  the  City  Council  shall  give  notice  of  their  intention  to 
appropriate  and  take  the  land  necessary  for  the  same,  to  the  owner 
thereof,  by  publishing  said  notice  for  ten  days,  in  the  newspaper  pub¬ 
lishing  the  ordinances  of  the  city;  at  the  expiration  of  which  time 
they  shall  choose,  by  ballot,  three  disinterested  free-holders,  residing 
in  the  city,  as  commissioners,  to  ascertain  and  assess  the  damages  and 
recompense  due  the  owners  of  said  real  estate,  respectively,  and  at  the 
same  time  to  determine  what  persons  will  be  benefited  thereby,  in  pro¬ 
portion,  as  nearly  as  may  be,  to  the  benefits  resulting  to  each.  A 
majority  of  all  the  Aldermen,  authorized  by  law  to  be  elected  shall  be 

necessary  to  a  choice  of  such  commissioners. 

«/ 

Sec.'  3  fThe  commissioners  shall  be  sworn  faithfully  and  impar¬ 
tially  to  execute  their  duties  to  the  best  of  their  abilities.  Before 
entering  upon  their  duties  they  shall  give  at  least  five  days’  notice,  to 
all  persons  interested,  of  the  time  and  place  of  their  meeting,  for  the 
purpose  of  viewing  their  premises  and  making  their  assessments, 
which  notice  shall  be  given  personally,  if  the  owners  are  residents  and 
known,  or  by  publication  in  the  newspaper  publishing  the  ordinances- 
of  the  city,  if  non-residents  or  unknown.  They  shall  view  the  prem¬ 
ises,  and,  in  their  discretion,  receive  any  legal  evidence,  and  may,  if 
necessary,  adjourn  from  day  to  day. 

Sec.  4  If  there  should  be  any  building  standing,  in  whole  or  in 
part,  upon  the  land  to  be  taken,  the  commissioners,  before  proceeding 
to  make  their  assessment,  shall  first  estimate  and  determine  the  whol[e] 
value  of  such  building  to  the  owner,  aside  from  the  value  of  the  land 
and  the  actual  injury  to  him  in  having  such  building  taken  from  him, 
and,  secondly,  the  value  of  such  building  to  him  to  remove. 

Sec.  5.  JAt  least  five  days’  notice  shall  be  given  to  the  owner,  of 
such  determination,  when  known  and  a  resident  of  the  city,  which 
may  be  given  personally,  or  in  writing  left  at  his  usual  place  of  abode. 
If  a  non-resident,  or  unknown,  like  notice  to  all  persons  interested 
shall  be  given,  by  publication  in  the  newspaper  publishing  the  ordi- 
dinances  of  the  city.  Such  notice  shall  specify  the  buildings,  and  the 
award  of  the  commissioners,  and  shall  be  signed  by  them.  It  shall 
also  require  the  persons  interested  to  appear  by  a  day  to  be  named 
therein,  or  give  notice  of  their  election,  to  the  City  Council,  either  to 
accept  the  award  of  commissioners  and  allow  such  building  to  be  taken, 
with  the  land  condem[n]ed  or  appropriated,  or  of  their  intention  to 
receive  such  building  at  the  value  set  thereon  by  the  commissioners,  to 
remove.  If  the  owner  shall  agree  to  remove  such  building,  he  shall 

*  See  Amon<linvut.s  I860,  S«c.  8. 
f  Src  AmeiulmcntB,  Sec.  8. 

J  Anioudmi-iits.  Sw-ji.  8. 


20 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


have  such  reasonable  time  for  that  purpose  as  the  City  Council  may 
direct. 

Sec.  6.  *If  the  owner  refuse  to  take  the  building  at  its  appr[a]ised 
value  to  remove,  or  fails  to  give  notice  of  his  intention,  as  aforesaid, 
within  the  time  prescribed,  the  City  Council  shall  have  power  to  direct 
the  sale  of  such  building  at  public  auction,  for  cash  or  on  credit,  giving 
five  days’  public  notice  of  the  sale.  The  proceeds  of  the  sale  shall  be 
paid  to  the  owner,  or  deposited  to  his  use. 

Sec.  7.  The  commissioners  shall  thereupon  proceed  to  make  their 
assessment,  and  determine  and  appr[a]ise  to  the  owner  the  value  of  the 
real  estate  appropriated  and  the  injury  arising  from  the  condemnation 
thereof,  which  shall  be  awarded  to  such  owner  as  damages,  after  making 
due  allowance  therefrom  for  any  benefit  which  such  owner  may  derive 
from  such  improvement.  In  the  estimate  of  damages  to  the  land,  the 
commissioners  shall  include  the  value  of  the  buildings,  if  the  property 
of  the  owner  of  the  land  as  estimated  by  them,  as  aforesaid,  less  the 
proceeds  of  the  sale  thereof,  or  if  taken  by  the  owner  at  the  value  to 
remove  —  in  that  case  they  shall  only  include  the  difference  between 
such  value  and  the  whole  estimated  value  of  such  building. 

Sec.  8.  If  the  damage  to  any  person  be  greater  than  the  benefits 
received,  or  if  the  benefits  be  greater  than  the  damages,  in  either  case 
the  commissioners  shall  strike  a  balance  and  carry  the  difference  for¬ 
ward  to  another  column,  so  that  the  assessment  may  show  what  amount 
is  to  be  received  or  paid  by  such  owner,  respectively,  and  the  difference 
only  shall  in  any  case  be  collected  of  or  paid  to  them. 

Sec.  9.  If  the  lands  and  buildings  belong  to  different  persons,  or 
if  the  land  be  subject  to  lease  or  mortgage,  the  injury  done  to  such 
persons,  respectively,  may  be  awarded  to  them  by  the  commissioners, 
less  the  benefits  resulting  to  them,  respectively,  from  the  improvements. 

Sec.  10.  Having  ascertained  the  damages  and  expenses  of  such 
improvement,  as  aforesaid,  the  commissioners  shall  thereupon  apportion 
and  assess  the  same,  together  with  the  costs  of  the  proceedings,  upon 
the  real  estate  by  them  deemed  benefited,  in  proportion  to  the  benefit 
resulting  from  the  improvements,  as  nearly  as  may  be,  and  shall 
describe  the  real  estate  upon  which  their  assessment  may  be  made. 
When  completed,  the  commissioners  shall  sign  and  return  the  same  to 
the  City  Council,  within  thirty  days  of  their  assessment. 

Sec.  11.  f  The  Clerk  shall  give  ten  days’  notice,  by  publication  in 
the  newspaper  publishing  the  ordinances  of  the  city,  that  such  assess¬ 
ment  has  been  returned,  and  on  a  day  to  be  specified  therein,  will  be 
confirmed  by  the  City  Council,  unless  objections  to  the  same  are 
made  by  some  person  interested.  Objections  shall  be  heard  before 
the  City  Council,  and  the  hearing  may  be  adjourned  from  day 
to  day.  The  [City]  Council  shall  have  power,  in  their  discretion, 
to  confirm  or  annul  the  assessment,  or  refer  the  same  back  to  the 
commissioners.  If  annulled,  all  the  proceedings  shall  be  void..  If 


See  Amendments,  Sec.  8. 
f  Amended  Fob.  10,  1805.  See  Sec.  !J. 


confirmed,  an  order  of  confirmation  shall  be  entered,  directing  a  war¬ 
rant  to  issue  for  the  collection  thereof.  If  referred  back  to  the  same, 
or  other  commissioners,  they  shall  proceed  to  make  their  assessment, 
and  return  the  same  in  like  manner,  and  give  like  notices  as  herein 
required  in  relation  to  the  first,  and  all  parties  in  interest  shall  have 
the  like  notices  and  rights,  and  the  City  Council  shall  perform  like 
duties  and  have  like  powers  in  relation  to  any  subsequent  determination 
as  are  herein  given  in  relation  to  the  first. 

Sec.  12.  The  City  Council  shall  have  power  to  remove  commis¬ 
sioners,  and  from  time  to  time  appoint  others  in  place  as  much  [of  such] 
as  may  be  removed,  or  refuse,  neglect,  or  are  unable  from  any  cause, 
to  serve. 


Sec.  13.  The  land  required  to  be  taken  for  the  making,  opening, 
widening,  straightening]  or  altering  any  street,  alley  or  highway,  or 
public  ground  or  square,  shall  not  be  appropriated  until  the  damages 
awarded  therefor  to  any  owner  thereof,  under  this  act,  shall  be  paid 
or  tendered  to  such  owner  or  his  agent,  or  in  case  such  owner  or  his 
agent  cannot  be  found  within  the  city,  deposited  to  his  or  their  credit, 
in  some  safe  place  of  deposit  other  than  the  hands  of  the  Treasurer, 
and  then,  and  not  before,  such  lands  may  be  taken  and  appropriated 
for  the  purpose  required  in  making  such  improvements,  and  such 
streets,  alleys,  or  other  highways  or  public  grounds,  may  be  made  and 
opened. 

Sec.  14.  When  the  whol[e]  of  any  lot  or  parcel  of  land  or  other 
premises,  under  lease  or  other  contract,  shall  be  taken  for  any  of  the 
purposes  aforesaid,  by  virtue  of  this  act,  all  the  covenants,  contracts 
and  engagements  between  landlord  and  tenant,  or  any  other  contracting 
parties,  touching  the  same  or  any  part  thereof,  shall,  upon  the  confirm¬ 
ation  of  the  report  of  the  commissioners,  respect[ively]fully,  cease  and 
be  absolutely  discharged. 

Sec.  15.  When  part  only  of  any  lot  [or]  parcel  of  land,  or  other 
premises,  so  under  lease  or  contract,  shall  be  taken  for  any  of  the 
purposes  aforesaid,  by  virtue  of  this  act,  all  the  covenants,  contracts, 
agreements  and  engagements  respecting  the  same,  upon  the  confirma¬ 
tion  of  the  report  of  the  commissioners,  shall  be  absolutely  discharged 
as  to  that  part  thereof  so  taken,  but  shall  remain  valid  as  to  the 
residue  thereof,  and  the  rents,  consideration  and  payments  received, 
payable  and  to  be  paid  for,  or  in  respect  to  the  same,  shall  be  so 
proportioned  as  that  the  part  thereof  justly  and  equitably  payable  for 
such  residue  thereof,  and  no  more,  shall  be  paid  or  recoverable  in  any 
respect  of  the  same. 

Sec.  16.  Any  person  interested  may  appeal  from  any  order  of  the 
City  Council  for  opening,  altering,  widening  or  straightening  any 
street,  alley,  or  other  highway,  or  public  ground,  to  the  Circuit  Court 
of  Champaign  county,  by  notice  in  writing  to  the  Mayor,  at  any  time 
before  the  expiration  of  twenty  days  after  the  passage  of  said  final 
order.  In  case  of  appeal,  the  City  Council  shall  make  a  return  within 
thirty  days  after  notice  thereof,  and  the  court  shall,  at  the  next  term 


22 


CHARTER  OF  THE  CITY  OF  CE  AH  PARTY. 


after  return  filed  in  the  office  of  [the]  clerk  thereof,  hear  and  deter¬ 
mine  such  appeals,  and  confirm  or  amend  the  proceedings,  from  which 
judgment  no  appeal  or  writ  of  error  shall  lie.  Upon  the  trial  of  the 
appeal,  all  questions  involved  in  said  proceedings,  including  the  amount 
of  damages,  shall  be  opened  to  investigation,  by  affidavit  or  oral  testi¬ 
mony  adduced  to  the  court,  or  upon  application  of  the  city,  or  any 
party.  The  amount  of  damages  may  be  assessed  by  a  jury  of  said 
court,  without  formal  pleadings,  and  judgment  rendered  accordingly, 
and  the  burden  of  the  proof  shall  in  all  cases  be  upon  the  city,  to  show 
that  the  proceedings  [are]  in  conformity  with  this  act. 

Sec.  17.  In  all  cases  wThere  there  is  no  agreement  to  the  contrary,, 
the  owner  or  landlord,  and  not  the  tenant  or  occupant,  shall  be  deemed 
the  person  who  shall  and  ought  to  pay  and  bear  every  assessment 
made  for  the  expense  of  any  public  improvement.  Where  any  such 
assessment  shall  be  mad[e]  upon  or  paid  by  any  person,  when  by 
agreement  or  by  law  the  same  ought  to  be  borne  or  paid  by  any  other 
person,  it  shall  be  lawful  for  one  so  paying  to  sue  for  and  recover  of 
the  persons  bound  to  pay  the  same,  the  amount  so  paid  with  interest. 
Nothing  herein  contained  shall  in  [any]  way  impair  or  affect  any 
agreement  between  landlord  and  tenant,  or  other  person,  respecting 
the  payment  of  such  assessments. 

Sec.  18.  The  City  Council  may,  by  ordinance,  make  any  changes 
they  may  deem  advisable  in  the  proceedings  herein  prescribed,  for 
ascertaining  the  damages  and  injury  occasioned  to  any  person  or  real 
estate,  by  reason  of  the  condemnation  of  such  real  estate,  or  any  real 
estate  upon  which  any  buildings  may  be  situated,  in  whole  or  in  part, 
and  the  assessment  of  such  damages  and  injury  upon  persons  or  real- 
estate  benefited  by  the  improvement,  and  in  all  such  other  respects  as 
experience  may  suggest. 

Sec.  19.  Where  any  known  owner,  or  other  person,  proving  an 
interest  in  any  real  estate,  residing  in  the  city  or  elsewhere,  shall  be 
an  infant,  and  any  proceedings  shall  be  had  under  this  act,  the  judge 
of  the  Circuit  Court  of  Champaign  county,  the  County  Judge  of  said, 
county,  or  any  judge  of  the  Supreme  Court,  may,  upon  the  applica- 
tion  of  the  City  Council,  or  such  infant,  or  his  next  friend,  appoint  a 
guardian  for  such  infant,  taking  security  from  such  guardian  for  the 
faithful  execution  of  such  trust,  and  all  notices  and  summons  required, 
by  this  act  shall  be  served  on  such  guardian- 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


2?. 


ARTICLE  VIII. 


Public  Improvements  and  Assessments  Therefor. 


I.  City  Council ,  Power  of  , 

1.  To  Control  Streets  and 

Sidewalks. 

2.  To  Construct  Sidewalks , 

Drains ,  etc. 

3.  To  Grrade  Streets. 

4.  To  Levy  Assessments. 


II.  Establish  Sewers. 

III.  Petitions  for  Improvements » 

IV.  Sidewalks  and  Drains ,  Juno 

Ordered. 

V.  Removal  of  Nuisances. 

VI.  Alleys  to  be  Kept  Clean. 


Section  1.  The  City  Council  shall  have  power,  from  time  to  time, 
to  cause  any  street,  alley  or  other  highway,  to  he  graded,*  regraded, 
levied,  paved  or  planked,  and  keep  the  same  in  repair,  and  alter  and 
change  the  same. 

Second. — To  cause  cross  and  sidewalks,  main  drains  and  sewers, 
and  private  drains,  to  be  constructed  and  laid,  relaid,  cleansed  and 
repaired,  and  regulate  the  same. 

Third. — -To  grade,  improve,  protect  and  ornament  any  public  square, 
or  other  public  ground,  now  or  hereafter  laid  out. 

Fourth. — The  City  Council,  shall  have  power  to  assess  and  collect 
of  the  owners  of  lots  or  real  estate,  in  any  street  or  other  highway,  or 
any  part  thereof,  in  the  same  manner  as  other  city  taxes,  or  in  such 
manner  as  may  be  prescribed  by  ordinance,  for  the  purpose  of  grading, 
paving  or  planking  such  streets,  or  other  highway;  Provided ,  that 
such  tax  shall  not  exceed  five  mills  per  annum  of  the  value  of  the 
property  assessed. 

Sec.  2.  That  for  the  purpose  of  establishing  a  system  of  sewerage 
and  drainage,  the  City  Council  may  have  power  to  cause  the  city  to 
be  laid  off  into  districts,  to  be  drained  by  principal  and  lateral,  or 
tributary  sewers  and  drains,  having  reference  to  a  general  plan  of 
drainage  by  sewers  and  drains  for  the  whole  city,  and  number  and 
record  the  same. 

Sec.  3.  That  whenever  a  majority  in  number,  of  the  owners  of 
real  estate  within  any  district,  shall  petition  the  City  Council  for  the 
■construction  of  such  drains  or  sewers  in  such  district,  the  City  Council 
shall  have  power  to  levy  and  collect  a  special  tax  on  the  real  estate 
within  the  district  so  drained,  and  not  to  exceed  five  mills  to  the  dollar, 
per  annum,  on  the  assessed  value  thereof,  for  the  purpose  of  construct¬ 
ing  such  sewers  and  drains,  which  tax  shall  be  annually  levied,  as 
other  city  taxes  by  law,  and  shall  constitute  a  lien  on  the  real  estate 
in  the  district  in  which  it  is  assessed.  And  the  City  Council  shall 
provide  for  the  construction  and  letting  of  such  sewers  and  drains,  or 
such  parts  thereof  as  they  shall  deem  necessary,  and  from  time  to 
time  extend,  enlarge  or  alter  the  same,  upon  such  terms  and  conditions 
as  they  shall  deem  necessary.  And  the  City  Council  shall  have  power 
to  borrow  money  for  the  construction  of  such  sewers  and  drains,  pay* 


Roberts  vs.  City  of  Chicago.  26  111.  24a. 


u 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


able  in  principal  and  interest  from  the  special  tax  collected  in  such 
districts,  or  the  City  Council  may  apportion  the  estimated  cost  of  such 
drains  and  sewers,  and  collect  the  same  bv  a  series  of  annual  assess- 
ments;  but  no  ordinance  creating  such  debt,  special  tax  or  apportion¬ 
ment,  shall  be  repealed  or  altered  until  the  debt  created  thereby  shall 
have  deen  paid. 

Sec.  4.  *A11  ownerfs]  or  occupants  of  lots  or  lands  in  front  of, 

adjoining,  or  upon  whose  premises  the  City  Council  shall  order  and 
direct  sidewalks  or  private  drains,  communicating  with  any  main  drain 
to  be  constructed,  graded,  repaired,  relaid  or  cleansed,  or  shall  declare 
any  such  land  or  lots  to  be  nuisances,  and  order  the  same  to  be  graded, 
filled  up  and  drained,  or  otherwise  improved,  shall  make,  grade,  repair 
or  relay  such  sidewalk,  or  make,  repair  or  cleanse  such  private  drain, 
or  grade,  fill  up,  drain  or  otherwise  improve  such  lot  or  land,  at  their 
own  cost  and  charges,  within  the  time  and  in  the  manner  prescribed, 
but  the  City  Council  may  cause  the  same  to  be  constructed,  repaired, 
relaid,  cleansed,  filled  up,  graded,  drained  or  otherwise  improved,  and 
assess  the  expense  thereof,  by  an  order  to  be  entered  in  their  proceed¬ 
ings,  upon  the  lots  and  lands,  respectively,  and  collect  the  same  by 
warrant  and  sale  of  the  premises,  as  in  other  cases.  A  suit  may  also 
be  maintained  against  the  owner  or  occupant  of  such  premises,  for  the 
recovery  of  such  expenses,  as  for  money  paid  and  laid  out  to  his  use 
at  request. 

Sec.  5.  In  all  cases  where  expenses  may  be  incurred  in  the 
removal  of  any  nuisance,  the  City  Council  may  cause  the  same  to  be 
assessed  against  the  real  estate  chargeable  therewith,  in  the  same 
manner  prescribed  in  the  foregoing  section.  Such  expenses  may  be 
likewise  collected  of  the  owner  or  occupant  of  such  premises,  in  suit 
for  money  expended  to  his  or  their  use,  and  in  case  the  same  should 
not  be  chargeable  to  any  real  estate,  suit  may  in  like  manner  be 
brought  for  such  expenses  against  the  author  of  such  nuisance  if  known, 
or  any  person  whose  duty  it  may  be  to  remove  or  abate  the  same. 

Sec.  6.  f  The  City  Council  shall  have  power  to  compel  the  owners 
of  lots  or  ground,  fronting  or  adjoining  any  private  or  public  alleys, 
to  keep  the  same  clean,  and  if  necessary  to  direct  the  same  to  be  paved, 
planked  or  otherwise,  and  the  costs  thereof  to  be  assessed  and  collected 
in  the  same  manner  as  sidewalk  assessments. 


*  Declared  to  to  ufioonstitutianal  in  tl'io  ease  of  City  of  Ottawa  vs.  SpenOwv,  40  tit,  21 1 ;  also,  (ftty  fit 
Chicago  m.  Lamed,  34  Ill,,  303.  See  General  Law,  Sec.  31 
f  See  note,  above.- 


Ci  tARTKR 


OF  THE  CITY  OF  CHAMPAIGN'. 


rt  °- 

Icy 


ARTICLE  IX. 


Collection  oe  Taxes 

I.  Assessment  Lists* 

II.  Annual  List . 

III.  Lists  Corrected . 

IV.  lAen  of. 

V.  Warrants . 

VI.  “  Signed  and  De¬ 
livered,  'when. 

VI.  VII.  Collector  s  Duty. 

VII.  Statutes  in  Force. 

VIII.  Non-payment  of  Taxes  ; 
Sale. 


and  Assessments. 

IX.  Collectors  to  Advertise  for 
Sale. 

X.  Sales ,  how  Conducted . 

XI.  Redemption ,  Right  of. 

XI,  “  hy  Infants r 
etc.,  when. 

XI.  If  Re,  teemed  or  not,  how 
Proceed. 

XI.  Deed  and  Abstract. 

XII,  Tax  Certificate  of  Sale. 

XIII.  Forfeiture,  when. 

XIV.  Deed,  what  to  Show. 


Section  1.  The  City  Council  shall  have  power,  by  ordinance,  to 
*  prescribe  the  form  of  assessment  lists,  and  prescribe  the  duties  and 
define  the  powers  of  assessors.  They  may  also  make  such  rules  and. 
give  such  directions  in  relation  to  revising,  altering  or  adding  to  the 
lists,  as  they  may  deem  proper  and  expedient. 

Sec.  2.  The  annual  lists  shall  be  returned  by  the  Assessor  on  or 
before  the  first  Monday  in  August,  in  each  year,  but  the  time  may  be 
extended  by  order  of  the  City  Council.  On  the  return  thereof,  the 
City  Council  shall  fix  a  day  for  hearing  objections  thereto;  and  the 
Clerk  shall  give  notice  of  the  time  and  place  of  such  hearing,  by 
publication  in  the  newspaper  publishing  the  ordinances  of  the  city; 
and  any  person  feeling  aggrieved  by  the  assessment  of  his  property, 
may  appear  at  the  time  specified  and  make  his  objections.  The  City 
Council  shall  have  power  to  supply  omissions  in  said  assessment  lists, 
and,  for  the  purpose  of  ecpializing  the  same,  to  alter,  add  to,  take 
from  and  otherwise  correct  and  revise  the  same,  or  to  refer  the  same 
back  to  the  Assessor,  with  instructions  to  revise  and  correct  the 
same. 

Sec.  8.  When  the  assessment  lists  have  been  corrected  and  revised, 
the  same  shall  be  filed,  and  an  order  confirming  the  same  and  directing 
the  warrant  to  be  issued  for  the  collection  thereof,  shall  be  entered  by 
the  Clerk.  The  City  Council  shall  thereupon,  by  an  ordinance  or 
resolution,  levy  such  sum  or  sums  of  money  as  may  be  sufficient  for 
the  several  purposes  for  which  taxes  are  herein  authorized  to  be  levied, 
not  exceeding  the  authorized  percentage,  particularly  specifying  the 
purpose  for  which  the  same  are  levied,  and  if  not  for  general  purposes, 
the  division  or  ward  of  the  city  upon  which  the  same  are  levied. 

Sec.  4.  All  taxes  and  assessments,  general  or  special,  levied  or 
assessed,  by  the  City  Council,  under  this  act  or  any  ordinance  in 
pursuance  thereof,  shall  be  a  lien  upon  the  real  estate  upon  which  the 
same  may  be  imposed,  voted  or  assessed,  for  two  years  from  and  after 
the  corrected  assessment  lists  shall  be  confirmed,  or  the  passage  of  the 
4 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


order  for  assessment,  and  on  personal  estate  from  and  after  the  deliv¬ 
ery  of  the  Warrant  for  the  collection  thereof,  until  paid,  and  no  sale 
or  transfer  shall  affect  the  lien.  Any  personal  property  belonging  to 
the  debtor  may  be  taken  and  sold  for  the  payment  of  taxes  on  real  or 
personal  estate,  and  the  real  estate  shall  be  taken  for  the  taxes  on 
personal  estate,  in  case  of  removal  or  when  the  tax  cannot  be  made 
out  of  the  personal  estate,  in  the  same  manner  as  is  prescribed  by  the 
laws  of  this  State:*  Provided ,  that  in  case  the  collection  of  any 
assessments  shall  be  delayed  by  injunction,  or  other  judicial  proceed¬ 
ings,  the  same  shall  continue  a  lien  upon  the  real  estate  for  the  period 
of  two  years,  from  and  after  the  final  disposition  of  such  injunction  or 
other  judicial  proceeding. 

Sec.  5.  The  Clerk  shall  issue  a  warrant  or  warrants  for  the  taxes, 
and  rule  therein  separate  columns,  in  which  the  taxes  levied  shall  be 
separately  set  down  opposite  the  name  of  the  person  of  such  real 
estate  subject  thereto.  Each  column  shall  be  headed  with  the  name 
of  the  tax  therein  set  down. 

Sec.  6.  All  warrants  issued  for  the  collection  of  general  or  special 
taxes  and  assessment,  shall  be  signed  by  the  Mayor  and  Clerk,  with 
the  corporate  seal  thereto  attached,  and  shall  contain  true  and  perfect 
copies  of  the  corrected  assessment  lists  upon  which  the  same  may  be 
issued.  They  shall  be  delivered  to  the  collector,  for  Collection,  within 
thirty  days  after  the  filling  of  the  corrected  lists,  unless  further  time 
for  this  purpose  shall  be  given  by  the  City  Council.  If  not  otherwise 
paid,  the  Collector  shall  have  power  to  collect  said  taxes,  with  inter¬ 
ests  and  costs,  by  suit  in  the  corporate  name,  or  by  distress  and  sale 
of  personal  property,  as  aforesaid,  after  a  demand  and  refusal  to  pay 
the  same  :  Provided ,  a  notice  published  by  the  Collector  for  ten  days, 
in  the  newspaper  printing  the  ordinances  of  the  city,  shall  be  deemed 
a  demand,  and  a  neglect  to  pay  taxes  for  twenty  days  thereafter  shall 
be  deemed  a  refusal.  The  Assessor’s  lists  shall,  in  all  cases,  be  evi¬ 
dence  on  the  part  of  the  city  corporation. 

Sec.  7.  f  All  taxes  and  assessments,  general  or  special,  shall  be 
collected  by  the  Collector  in  the  same  manner,  and  with  the  same 
power  and  authority  as  is  given  by  law  to  Collectors  of  county  and 
State  taxes.  He  shall  pay  the  same,  as  fast  as  collected,  into  the  city 
treasury,  and  his  duty  in  regard  to  returning  warrants  and  settling 
with  the  city,  and  his  liability  in  case  of  default  or  misconduct,  shall 
be  the  same  as  prescribed  by  law  :  Provided ,  the  City  Council  shall 
have  power  to  prescribe  the  powers,  duties  and  liabilities  of  Collectors 
by  ordinance. 

Sec.  8.  In  case  of  the  non-payment  of  any  taxes  or  assessments 
levied  or  assessed  under  this  act,  the  premises  may  be  sold  for  the 
payment  thereof,  at  any  time  within  two  years  after  the  confirmation 
of  the  assessment  by  the  City  Council.  Before  any  such  sale  or  order 
shall  be  made  by  the  City  Council,  which  shall  be  entered  at  large  in 
the  journals  or  record  kept  by  the  Clerk,  directing  the  Collector  to 

*  See  3rd  edition  Gross’  Statutes,  Sec.  Ill,  page  594. 

f  Ibid,  Sec.  8,  page  574. 


/ 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


Bell,  particularly  describing  the  delinquent  premises  to  be  sold,  and 
the  assessment  for  which  the  sale  shall  be  made,  a  certified  copy  of 
which  order,  under  the  corporate  seal,  signed  by  the  Mayor  or  presid¬ 
ing  officer  and  Clerk,  shall  be  delivered  to  the  Collector,  which, 
together  with  the  warrant,  shall  constitute  the  process  upon  which  such 
sale  may  be  made. 

Sec.  9.  *The  Collector  shall  then  advertise  such  premises,  in  the 
newspaper  publishing  the  ordinances  of  the  city,  for  sale,  at  least 
thirty  days  from  and  after  the  first  publication  of  such  notice,  describ¬ 
ing  the  premises  by  figures  or  otherwise,  with  the  name  of  the  owner 
(when  known),  and  the  several  amounts  of  the  taxes  and  assessments 
thereon  and  costs.  Said  notice  shall  also  contain  the  time  and  place 
of  sale,  and  shall  be  published  at  least  four  times.  The  proceedings 
may  be  stopped  at  any  time  on  the  payment  of  the  taxes  or  assessment 
and  interest  with  expenses  of  advertising. 

Sec.  10.  f  All  sales  shall  be  conducted  in  the  manner  required  by 
law,  but  the  City  Council  shall  have  power  to  prescribe  the  manner  of 
conducting  the  same.  The  sale  shall  be  made  for  the  smallest  portion 
of  ground,  to  be  taken  from  the  east  side  of  the  premises,  for  which 
any  person  will  take  the  same  and  pay  the  taxes  or  assessments  thereon, 
with  interest  and  costs  of  sale.  Duplicate  certificates  of  sale  shall 
be  made  and  subscribed  by  the  Collector,  one  of  which  shall  be  deliv¬ 
ered  to  the  purchaser  and  the  other  filed  in  the  office  of  the  Clerk, 
which  certificate  shall  contain  the  name  of  the  purchaser,  a  description 
of  the  premises  sold,  the  amount  of  taxes  or  assessments,  with  the 
interest  and  expenses  for  which  the  same  was  sold,  and  the  time  when 
the  right  to  redeem  will  expire.  The  Collector  shall  be  allowed  the 
same  fees  for  selling  as  are  allowed  for  similar  services,  or  his  fees 
may  be  regulated  by  ordinance.  The  Clerk  shall  keep  a  record  of 
such  sales,  which  shall  be  open  to  public  inspection  at  all  reasonable 
times. 

Sec.  11.  The  right  of  redemption  in  all  cases  of  sales  for  taxes 
or  assessments  shall  exist  to  the  owner,  his  heirs,  creditors  or  assigns, 
to  the  same  extent  as  is  allowed  by  law  in  cases  of  sales  of  real  estate 
for  taxes,  on  the  payment  in  specie  of  double  the  amount  for  which 
the  same  was  sold,  and  all  taxes  accruing  subsequent  to  the  sale,  with 
interest.  If  the  real  estate  of  any  infant,  feme  covert  or  lunatic  be 
sold  under  this  act,  the  same  may  be  redeemed  at  any  time  within  one 
year  after  such  disability  is  removed.  In  case  of  redemption,  the 
money  may  be  paid  to  the  purchaser,  or  for  him  to  the  City  Clerk, 
who  shall  make  a  special  deposit  thereof  with  the  Treasurer,  taking 
his  receipt  therefor.  If  not  redeemed  according  to  law,  the  City 
Council  shall,  upon  the  return  of  the  certificate  or  proof  of  its  loss, 
direct  a  deed  to  be  executed  to  the  purchaser,  under  the  corporate  seal, 
signed  by  the  Mayor  or  presiding  officer  of  the  City  Council,  and 
countersigned  by  the  Clerk,  conveying  to  said  purchaser  the  premises 


*  Amended  Feb.  1G,  1865.  See  Sec.  7. 

+  See  Sec.  184,  3rd  edition  Gross’  Statutes,  p»gc  60S  ;  also,  post,  Ordinance  on  Taxes,  Sec.  35, 


'28 


CHAPTER  OF  THE  CITY  OF  CHAMPAIGN, 


bo  sold  and  unredeemed,'  as  aforesaid.  An  abstract  of  all  deeds  so  made 
and  delivered  shall  be  entered,  by  the  Clerk  in  the  book  wherein  tax 
sales  are  recorded.  A  fee  of  one  dollar  may  be  charged  by  the  Clerk 

CD  */ 

for  any  deed  so  issued. 

Sec.  12.  The  assignee  of  any  tax  certificate  of  any  premises  sold 
for  taxes  or  assessments,  under  authority  of  the  City  [Council],  shall 
be  entitled  to  receive  a  deed  of  such  premises  in  his  own  name,  and 
with  the  same  effect  as  though  he  had  been  the  original  purchaser. 

Sec.  13.  If  at  any  sale  of  real  or  personal  estate  for  taxes  or 
assessments,  no  bid  shall  be  mad[e]  for  any  parcel  of  the  land,  or  any 
goods  and  chattels,  the  same  shall  be  struck  off  to  the  city,  and  there¬ 
upon  the  city  shall  receive  in  the  corporate  name  a  certificate  of  the 
sale  thereof,  and  shall  be  vested  with  the  same  rights  as  other  pur¬ 
chasers  at  such  sales. 

Sec.  14.  *A11  deeds  made  to  the  purchasers  of  lots  sold  for  taxes 

or  assessments,  by  the  order  of  the  City  Council,  shall  be  prima  facie 
evidence  in  all  controversies  and  suits  in  relation  to  the  rights  of  the 
purchaser,  his  heirs  or  assigns,  to  the  premises  thereby  conveyed, 
of  the  following  facts: 

First  —  That  the  land  or  lot  conveyed  was  subject  to  taxation  or 
assessment  at  the  time  the  same  was  advertised  for  sale,  and  had  been 
listed  and  assessed  in  the  time  and  manner  required  by  law. 

Second — That  the  taxes  or  assessments  were  not  paid  at  any  time 
before  the  sale. 

Third  —  That  the  land  conveyed  had  not  been  redeemed  from  the 
Bale  at  the  date  of  the  deed,  and  shall  be  conclusive  evidence  of  the 
following  facts  : 

First  —  That  the  land  or  lots  was  advertised  for  sale,  for  the  length 
of  time  and  in  the  manner  required  by  law. 

Second  —  That  the  land  was  sold  for  taxes  or  assessments  as  stated 
in  the  deed. 

Third —  That  the  grantor  in  the  deed  was  the  purchaser. 

Fourth  —  That  the  sale  was  conducted  in  the  manner  required 
by  law,  and  in  all  controversies  and  suits  involving  the  title  to  land 
claimed  and  held  under  by  virtue  of  such  deed,  the  person  or 
persons  claiming  title  adverse  to  the  title  conveyed  by  such  deed, 
shall  be  required  to  prove,  in  order  to  defeat  the  said  title,  either 
that  the  land  was  not  subject  to  taxation  at  the  date  of  the  sale, 
that  the  taxes  or  assessments  had  been  paid,  that  the  said  land  had 
never  been  listed  or  assessed  for  taxation  or  assessment,  or  that  the 
same  had  been  redeemed  according  to  the  provisions  of  this  act,  and 
that  such  redemp;ion  was  made  for  the  use  and  benefit  of  the  person 
having  the  right  of  redemption  under  the  laws  of  the  State.  But  no 
person  shall  be  permitted  to  question  the  title  acquired  by  the  said 
deed,  without  first  showing  that  he,  she  or  they,  or  the  person  under 
whom  he,  she  or  they  claim  title,  had  title  to  the  land  at  the  time  of 
the  sale,  or  that  the  title  was  obtained  from  the  United  States,  or  this 


^  S«t»  St-c.  1(1  of  A  Mttinl muul • 


CHARTER  OF  THE  CITY  OF  ('II  AM  PAH!  Nr. 


'29 


State,  after  the  sale,  and  that  all  taxes  due  upon  the  lands  have  been 
paid  by  such  persons,  or  the  persons  under  whom  lie  claims  title  as 
aforesaid. 


I. 

I. 

II. 


ARTICLE  X, 
Eire  D e part m ext. 
City  Council ,  Power  of  in  ; 


Hereof , 

To  Regulate  Dilapidated 
Buildings. 

Poiver  of  City  Council ,  Here- 

of , 

1.  To  Regulate  Chimneys. 

2.  “  “  Construction  of 

3.  u  “  Deposit  of  Ashes. 

4.  “  “  Private  Fire- 

Buckets. 

5.  To  Regulate  Manufacto¬ 

ries. 


9.  To  Regulate  Scuttles . 

10.  Authority  at  Fives ;  Sus¬ 
picious  Persons. 

11.  Establish  General  Regu¬ 
lations. 

III.  Procure  Fire  Engines ,  and 
Hereof , 

1.  Organize  Hook  and  Hose 

Companies. 

2.  Organize  Fire  Companies » 

3.  Prescribe  the  Duties  of 

Firemen. 

4.  Appoint  Chief  Engineer , 


To  Regulate  Fireworks. 
u  u  Storing  of  Com-  TV. 


etc. 

Exempt  Firemen  from  Sired 


bustibles. 

8.  To  Regulate  Parapets  and 


Labor ,  etc „ 


Partition  Walls. 


Section  1.  The  City  Council,  for  the  purpose  of  guarding  against 
the  calamities  of  lire,  shall  have  poiver  to  prohibit  the  erection,  placing 
or  repairing  of  wooden  buildings  within  the  limits  prescribed  by  them, 
without  their  permission,  and  direct  and  prescribe  that  all  buildings 
witihin  the  limits  prescribed  shall  be  made  or  constructed  of  fire-proof 
materials,  and  to  prohibit  the  rebuilding  or  repairing  of  wooden  build¬ 
ings  within  the  fire  limits,  when  the  same  shall  have  been  damaged  to 
the  extent  of  fifty  per  cent,  of  the  value  thereof,  and  to  prescribe  the 
manner  of  ascertaining  such  damage.  To  declare  all  dilapidated 
buildings  to  be  nuisances,  and  to  direct  the  same  to  be  repaired, 
removed  or  abated,  in  such  manner  as  they  shall  prescribe  and  direct. 
To  declare  all  wooden  buildings  within  the  fire  limits,  which  they  may 
deem  dangerous  to  contiguous  buildings,  or  in  causing  or  promoting 
fires,  to  be  nuisances,  and  to  require  and  cause  the  same  to  be  removed 
or  abated  in  such  manner  as  they  shall  prescribe. 

Sec.  2.  The  City  Council  shall  have  power, 


First — To  regulate  the  construction  of  chimneys 


and  Hues,  so  as  to 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


30' 


admit  of  chimney  sweeps,  or  other  mode  of  cleaning,  and  to  compel 
the  cleaning  and  sweeping  of  chimneys. 

Second — To  prevent  and  prohibit  the  dangerous  construction  and 
condition  of  chimneys-,  flues,  fire-places,  stove-pipes,  ovens,  or  any 
other  apparatus  used  in  or  about  any  building  or  manufactory,  and  to 
cause  the  same  to  be  removed,  or  placed  in  a  secure  and  safe  condition, 
when  considered  dangerous. 

Third — To  prevent  the  deposit  of  ashes  in  unsafe  places,  and  to 
appoint  one,  or  more,  officer  to  enter  into  buildings  and  enclosures  to 
examine  and  discover  whether  the  same  are  in  a  dangerous  state,  and 
to  cause  such  as  may  be  dangerous  to  be  put  in  safe  condition. 

Fourth. — To  require  the  inhabitants  to  provide  as  many  fire-buckets, 
and  in  such  manner  and  time  as  they  shall  prescribe,  and  to  regulate 
the  use  thereof  in  times  of  fire,  and  to  require  all  owners  and  occu¬ 
pants  of  buildings  to  construct  and  keep  in  repair  wells  or  cisterns 
upon  their  premises. 

Fifth. — To  regulate  and  prevent  the  carrying  on  of  manufactories 
and  works  dangerous  in  promoting  or  causing  fires. 

Sixth — To  regulate,  prevent  and  prohibit  the  use  of  fireworks  and 
firearms. 

Seventh — To  direct  and  prohibit  the  management  of  houses  for  the 
storing  of  gunpowder,  and  other  combustible  and  dangerous  material 
within  the  city ;  to  regulate  the  keeping  and  conveying  of  the  same, 
and  the  use  of  candles  and  other  lights  in  stables  and  other  like  houses. 

Eighth — To  regulate  and  prescribe  the  manner,  and  order  the  build¬ 
ing  of  parapet  and  partition  walls,  and  of  partition  fence. 

Ninth — To  compel  the  owners  or  occupants  of  houses,  or  other  build¬ 
ings,  to  have  scuttles  in  the  roofs,  and  stairs  or  ladders  leading  to  the 
same. 

Tenth — To  authorize  the  Mayor,  Fire  Wardens,  or  other  officers  of 
said  city,  to  keep  away  from  the  vicinity  of  any  fire  all  idle  or  suspi¬ 
cious  persons,  and  to  compel  all  officers  of  the  city,  and  all  other  per¬ 
sons,  to  aid  in  the  extinguishment  of  fires,  and  in  the  preservation  of 
property  exposed  to  danger  thereat,  and  in  preventing  goods  from  being 
stolen. 

Eleventh — And  generally  to  establish  such  regulations  for  the  pre¬ 
vention  and  extinguishment  of  fires  as  the  City  Council  may  deem 
expedient. 

Sec.  3  *The  City  Council  may  procure  fire  engines,  and  all  other 
apparatus  used  for  the  extinguishment  of  fires,  and  have  the  charge 
and  control  of  the  same;  and  provide  fit  and  secure  houses  and  other 
places  for  keeping  and  preserving  the  same;  and  shall  have  power, 

First — To  organize  fire,  hook,  hose,  ax  and  ladder  companies. 

Second— -To  appoint,  during  their  pleasure,  a  competent  number  of 
able  and  respectable  inhabitants  of  the  city,  firemen,  to  take  the  care 
and  management  of  the  engines  and  other  apparatus  and  implements- 
used  and  provided  for  the  extinguishment  of  fire. 


*  S«"fe  A  UlBHi]  UM‘ll  tri,  S(.-c.  (>„ 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


31 


Third — To  prescribe  the  duties  of  firemen,  and  to  make  rules  and 
regulations  for  their  government,  and  to  impose  reasonable  penalties 
upon  them  for  a  violation  of  the  same,  and  for  incapacity,  neglect  of 
duty  or  misconduct,  to  remove  them* 

Fourth — -The  City  Council  shall  have  power  to  appoint  a  Chief  and 
Assistant  Engineers  of  the  Eire  Department,  and  they,  with  the  other 
firemen,  shall  take  the  care  and  management  of  the  engines  and  other 
apparatus  and  implements  provided  and  used  for  the  extinguishment 
of  fires,  and  their  powers  and  duties  shall  be  prescribed  and  defined 
by  the  City  Council. 

Sec.  4.  *The  members  of  the  City  Council  and  firemen  shall, 
during  their  terms  of  service  as  such,  be  exempted  from  serving  on 
juries,  in  the  militia,  or  working  on  the  streets,  or  paying  any  taxes 
for  the  same.  The  name  of  each  fireman  shall  be  registered  with 
the  Clerk  of  the  city,  and  the  evidence  to  entitle  him  to  the  exemp¬ 
tion,  provided  in  this  section,  shall  be  the  certificate  of  the  Clerk, 
under  the  corporate  seal,  for  the  year  in  which  exemption  is 
claimed. 


ARTICLE  XL 


Miscellaneous 

I.  Publish  Receipts  mid  Ex 
penditures ,  etc. 

II.  Exempt  from  Township 
Road  Tax. 

III.  Supervisors  Notice  to  Work 

Streets. 

IV.  Establish  Boundaries , 

Streets ,  etc-. 

V.  Fines  and  Penalties ,  where 
Paid , 

VI.  Additions ,  how  Made. 

VII.  Divisions ,  Expenditures  in. 

VIII.  Supervisors,  Neglect  of  Duty 
of- 

IX.  Remitting  Fines,  lime  Done. 

X.  Vote  of  Council,  Reconsid¬ 
eration  of. 


Provisions, 

XII.  Suits,  how  Brought 

XIII.  “  Summons  in. 

XIV.  Judgments, Executions  on. 
XV.  Freeholders  Competent  as 

Judges. 

XVL  Former  Ordinances. 
XVII,  “  Actions. 

XVIII,  Property  of  City. 

XIX,  Ordinances ,  Proof  of. 
XX.  Style  of  Ordinances. 
XXL  Dots.  Blocks  Platted ,  etc. 
XXII.  No  Legal  Act  Invalidated. 
XXIIL  Conservators  of  the  Peace. 
XXIV,  Digest  of  Ordinances. 
XXV.  Health,  Powers  of  Coun¬ 
cil  im 

XXVI.  Charter,  to  Take  Effect 
when. 


XI.  Ordinances,  Publication  of.  j 

Certificate  of  Secretary  of  State. 

Section  1.  The  City  Council  shall,  at  least  ten  days  before  the 


-*$*■*>  Ordinance  on  Fire  Department, 


CHARTER  OF  THE  CITY  OF  CHAMPARFS1', 


n 


annual  election  in  each  year,  cause  to  be  published,  in  the  newspaper 
publishing  the  ordinances  of  the  city,  a  correct  and  full  statement  of 
the  receipts  and  expenditures  from  the  date  of  the  last  annual  report, - 
together  with  the  sources  from  whence  the  former  are  derived  and  the 
mode  of  disbursement,  and  also  a  distinct  statement  of  the  whole 
amount  assessed,  received  and  expended  in  the  respective  wards  and 
divisions,  for  making  and  repairing  streets,  highways  and  bridges  for 
the  same  period,  together  with  such  information  as  may  be  necessary 
to  a,  full  understanding  of  the  financial  concerns  of  the  city. 

Sec.  2.  The  inhabitants  of  the  City  of  Champaign  are  hereby 
exempted  from  working  upon  any  road  or  highway  beyond  [the]  limits 
of  the  city,  and  from  paying  the  tax  in  lieu  thereof,  without  said 
limits* 


who  are  required  to  labor  on  the  streets  and  alleys  of  the  city,  at  such 
time  and  place,  and  in  such  manner  as  the  City  Council  may  direct,  or 
the  Supervisor  shall  deem  necessary.  He  shall  deliver,  or  cause  to  be 
delivered  or  left,  at  the  usual  places  of  abode  or  business  of  any  per¬ 
son  so  required  to  labor,  as  aforesaid,  a  written  or  printed  notice,  or 
partly  written  or  partly  printed  notice,  in  such  form  as  the  City 
Council  shall  prescribe,  which  notice  shall  be  given  at  least  five  days- 
previous  to  the  first  day  on  which  he  or  they  are  required  to  labor* 
requiring  such  person  to  appear  at  such  time  and  place  as  may  be' 
designated,  for  the  purpose  of  laboring  upon  the  streets  and  alleys. 
Hut  a  similar  notice  published-  for  ten  days,  in  the  newspaper  publish¬ 
ing  the  ordinances  of  the  city,  by  the  Supervisor,  or  posted  up  in- 
three  of  the  public  places  of  the  ward  or  district,  shall  be  deemed  a 
sufficient  notice  to  require  all  persons  to  appear  and  labor,  as  aforesaid. 
Upon  the  neglect  of  any  person  to  appear  and  labor,  as  aforesaid,  or 
to  pay  the  tax,  the  Collector  shall  collect  from  each  person,  in  the 
same  manner  as  other  taxes,  the  sum  of  three  dollars,  with  his  com-- 
mission  for  collecting  the  same  added  thereto,  or  the  same  may  be 
recovered  by  suit,  with  costs,  as  in  other  eases. 

Se«.  4.  The  City  Council  shall  have  power  to  establish,  make  and 
declare  the  boundaries  and  names  of  streets  and  alleys. 

Sec.  5.  All  fines,  forfeitures  and  penalties  collected  for  offen[s]es 
committed  within  said  city,  shall  be  paid  into  the  treasury  of  said  city 
by  the  officers  collecting  the  same,  and  all  fines  and  forfeitures  col¬ 
lected  of  any  citizen  of  said  city,  for  any  conviction  in  the  Circuit 
Court,  shall  be  paid  over  in  like  manner. 

Sec.  6.  The  City  Council  shall  have  power  to  require  that  all 
additions  hereafter  made  to  said  city,  or  all  lands  adjoining  or  within 
the  same,  laid  out  into  blocks  or  lots,,  shall  be  so  laid  out  and  platted 
as  to  correspond  and  conform  to  the  regular  blocks,  streets  and  alleys 
already  laid  out  and  established  within  the  city. 

Sec.  T.  The  City  Council  shall,  in  all  expenditures  for  purposes- 
strictly  local,  expend,  annually,  in  the  several  natural  divisions  of  the 

*  See  Amendments,  Sec:  2. 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


33 


city,  such  proportion  as  near  as  may  be  of  the  whole  expenditures  for 
like  purposes  during  the  same  period,  as  will  correspond  to  the  several 
sums  contributed  by  each  division  to  the  general  fund.  Street  taxes 
shall  be  expended  in  the  several  wards  or  districts  where  the  persons 
paying  the  same  may  respectively  reside. 

Sec.  8.  The  Supervisor,  in  addition  to  the  penalties  prescribed  by 
ordinance,  shall,  for  willful  neglect  of  duty,  be  liable  to  indictment 
and  tine  in  the  same  manner  as  Supervisors  under  the  laws  of  the 
State. 

Sec.  9.  Neither  the  City  Council  or  Mayor  shall  remit  any  fine 
or  penalty  imposed  upon  any  person,  for  a  violation  of  any  laws  or 
ordinances  of  said  city,  or  release  from  confinement,  unless  two-thirds 
of  all  the  Aldermen  elected  shall  vote  for  such  release  or  remission. 
Nor  shall  anything  in  this  act  be  so  construed  as  to  oust  any  court  of 
jurisdiction,  to  abate  and  remove  nuisances  within  its  jurisdiction,  by 
indictment  or  otherwise. 

Sec.  10.  No  vote  of  the  City  Council  shall  be  reconsidered  or 
rescinded  at  a  special  meeting,  unless  the  meeting  be  called,  in  whole 
or  in  part,  for  that  purpose,  and  the  Aldermen  be  so  notified,  and 
unless  at  such  special  meeting  there  shall  be  present  as  large  a  number 
of  Aldermen  as  was  present  when  the  vote  was  taken. 

Sec.  11.  *Every  ordinance,  regulation  and  by-law,  imposing  any 
penalty,  fine,  imprisonment  or  forf[e]iture  for  a  violation  of  its  pro¬ 
visions,  shall  after  the  passage  thereof,  be  published  three  days  in  the 
newspaper  publishing  the  ordinances  of  the  city,  and  proof  of  such 
publication  by  the  affidavit  of  the  printer  or  publisher  of  such  news¬ 
paper,  taken  before  any  officer  authorized  to  administer  oaths,  and 
filed  with  the  Clerk,  or  any  other  competent  proof  of  such  publication, 
shall  be  conclusive  evidence  of  the  legal  publication  and  promulgation 
of  such  ordinance,  regulaation  or  by-law,  in  all  courts  and  places. 

Sec.  12.  All  actions  brought  to  recover  any  penalty  or  forf[e]iture 
incur[r]ed  under  this  act,  or  any  ordinance,  by-law  or  police  regulation, 
made  in  pursuance  thereof,  shall  be  brought  in  the  corporate  name. 
It  shall  be  lawful  to  declare  generally  in  debt  for  such  penalty,  fine 
or  forf[e]iture,  stating  the  clause  of  this  act,  or  the  by-law  or  ordi¬ 
nance  under  which  the  penalty  or  forf[e]iture  is  claimed,  and  to  give 
the  special  matter  in  evidence  under  it. 

Sec.  18.  In  all  prosecutions  for  the  violation  of  any  ordinance, 
by-law  or  other  regulation,  the  first  process  shall  be  a  summons,  unless 
oath  or  affirmation  be  made  for  a  warrant,  as  in  other  cases. 

Sec.  14.  ^Execution  may  be  issued  immediately  on  rendition  of 
judgment.  If  the  defendant  has  no  goods,  or  chattels,  or  real  estate, 
within  the  county  of  Champaign,  whereof  the  judgment  can  be  col¬ 
lected,  the  execution  shall  require  the  defendant  to  be  confined  in  the 
county  jail,  or  work-house,  or  city  prison,  for  a  term  not  exceeding  six 
months,  in  the  discretion  of  the  court  rendering  judgment,  and  all 


*  $eo  Amendments,  Sec.  3. 
f  Sew  Amendments,  Sec.  17. 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


*> 

«) 


4 


persons  who  may  be  committed  under  this  section,  shall  be  confined 
one  day  for  each  one  dollar  of  such  judgment  and  costs.  All  expenses 
incur[r]ed  in  any  execution  for  the  recovery  of  any  fine,  penalty  or 
forf[e]iture,  when  collected  shall  be  paid  into  the  city  treasury. 

Sec.  15.  No  person  shall  be  an  incompetent  judge,  justice,  wit¬ 
ness  or  juror,  by  reason  of  his  being  an  inhabitant  or  freeholder  in 
the  City  of  Champaign,  in  any  action  or  proceeding  in  which  said  city 
may  be  a  party  in  interest. 

Sec.  16.  All  ordinances,  regulations  and  resolutions,  now  in  force 
in  the  City  of  Champaign,  and  not  inconsistent  with  this  act,  shall 
remain  in  force  under  this  act  until  altered,  modified  or  repealed  by 
the  City  Council  after  this  act  shall  take  effect.  And  all  said  ordi¬ 
nances,  regulations  and  resolutions,  and  all  acts,  proceedings,  matters 
and  things,  of  any  and  every  name  and  notice  whats[o]ever,  done,  or 
provided  to  be  done,  by  the  City  Council  of  the  City  of  Champaign, 
before  this  act  shall  take  effect,  are  hereby  made  and  declared  to  be 
valid. 

Sec.  IT.  All  rights,  actions,  fines,  penalties  and  forf [e]itures  in 
suit[s]  or  otherwise,  which  have  heretofore  accrued  to  the  city,  at  any 
time,  shall  be  vested  in  and  prosecuted  by  the  corporation  hereby 
created. 

Sec.  18.  All  property,  real,  personal  or  mixed,  belonging  to  the 
City  of  Champaign,  is  hereby  vested  in  the  corporation  created  by 
this  act,  and  the  officers  of  said  corporation,  now  in  office,  shall 
respectively  continue  in  the  same  until  superseded  in  conformity  to 
the  provisions  hereof,  but  shall  be  governed  by  this  act,  which  shall 
take  effect  from  and  after  its  passage. 

Sec.  19.  *[A11]  ordinances  of  the  city,  when  printed  and  pub¬ 

lished  by  authority  of  the  City  Council,  shall  be  received  in  all  courts 
and  places  without  further  proof. 

Sec  20.  The  style  of  all  ordinances  shall  be:  “Be  it  ordained 
by  the  City  Council  of  the  City  of  Champaign.” 

Sec.  21.  Any  tract  of  land  adjoining  said  city,  which  may  be  laid 
off  into  lots  or  blocks,  and  duly  platted  according  to  law,  and  any 
tract  of  land  adjoining  the  city,  with  the  consent  of  the  owner  thereof, 
shall  and  may  be  a[n]nexed  to  said  city  and  form  a  part  thereof. 

Sec.  22.  This  act  shall  not  invalidate  any  legal  act  done  by  the 
City  Council  of  the  City  of  Champaign,  or  by  its  officers,  nor  divest 
their  successors  under  this  act  of  any  rights  of  property  or  otherwise, 
or  liability  which  may  have  accrued  to,  or  been  created  by,  said  corpo¬ 
ration  prior  to  the  passage  of  this  act. 

Sec.  23.  All  officers  of  the  city  created  conservators  of  the  peace 
by  this  act,  or  authorized  by  any  ordinance,  shall  have  power  to  arrest, 
or  caust  [cause]  to  be  arrested,  with  or  without  process,  all  persons 
who  shall  break  the  peace,  or  threaten  to  break  the  peace,  or  be  found 
violating  any  ordinance  of  this  city,  commit  for  examination,  and,  if 
necessary,  detain  such  persons  in  custody,  over  night  or  the  Sabbtah,  in 


*See  Aru^ndmeritv  Sec.  4. 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


.>.) 


the  watch-house  or  other  safe  place,  or  until  they  can  be  brought  before 
a  magistrate;  and  shall  have  and  exercise  such  other  powers,  as  con¬ 
servators  of  the  peace,  as  the  City  Council  may  prescribe. 

Sec.  24.  There  shall  be  a  digest  of  the  ordinances  of  the  city 
which  are  of  a  [general]  nature,  published  within  five  years  after  the 
passage  of  this  act,  and  a  like  digest  within  every  period  of  five  years 
thereafter. 

Sec.  25.  The  City  Council  shall  have  powrer  to  make  regulations 
to  secure  the  general  health  of  the  inhabitants;  to  declare  what  shall 
be  a  nuisance  and  to  prevent  and  remove  the  same. 

Sec.  26.  This  act  shall  not  take  effect  as  the  charter  of  the  city 
of  Champaign,  unless  a  majority  of  the  legal  voters  of  said  city, 
voting  at  an  election  hereinafter  provided,  shall  cast  their  votes  for  the 
adoption  of  the  same ;  said  election  to  be  held  on  the  last  Monday  in 
the  month  of  March,  A.  D.  1861,  as  other  elections  are  now  held  in 
said  city,  upon  notice  to  be  given  by  the  Clerk  or  Attorney  of  the 
present  Board,  said  notices  to  be  posted  up  in  five  public  places  in  said 
city.  The  returns  of  said  election,  held  as  aforesaid,  shall  be  certified 
by  the  officers  of  the  elections,  and  placed  on  file  in  the  office  of  the 
Circuit  Clerk  of  the  county  of  Champaign,  Ill[inoi]s.  And  it  shall 
not  be  necessary  in  any  proceeding,  either  at  law  or  in  equity,  to 
prove  that  this  charter  was  adopted  by  the  people,  but  such  proof  shall 
be  a  matter  of  defense,  in  showing  that  this  charter  was  not  adopted 
by  a  vote  of  the  people,  by  reference  to  the  returns  of  the  election,  as 
in  this  section  provided  for. 

This  act  shall  be  a  public  act,  and  shall  take  effect  from  and  after 
its  passage. 

SHELBY  M.  CULLOM, 

Speaker  of  the  Home  of  Representatives. 
FRANCIS  A.  HOFFMAN, 

Speaker  of  the  Senate . 

Approved,  February  21,  1861. 

RICHARD  YATES,  Governor. 


tv 


ss. 


UNITED  STATES  OF  AMERICA, 

State  of  Illinois. 

, — ^  I,  0.  M.  Hatch,  Secretary  of  State  of  the  State  of 

]  Illinois,  do  hereby  certify  that  the  foregoing  is  a  true  copy 
J  of  an  enrolled  law  now  on  file  in  my  office.  In  witness 
'  v — v — '  whereof,  I  have  hereunto  set  my  hand,  and  affixed  the 
Great  Seal  of  State,  at  the  city  of  Springfield,  this  21st  day  of 
March,  A.  D.  1861. 


L.  8. 


0.  M  HATCH,  Secretary  of  State. 


36 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


TO  THE  CHARTER  OF  THE 


CITY  OF  CHAMPAIGN 


i. 

ii. 

hi. 

IV. 

y. 


VI. 

VII. 

VIII. 

VIII. 

VIII. 

IX. 

IX. 

IX. 

IX. 

IX. 

x. 


Sec.  4,  Art.  5,  of  Charter 
Amended. 

Art.  6,  and  Sec.  3,  Art.  11 
Amended. 

Sec.  11,  Art.  11,  Amended. 
Sec.  19,  Art.  11,  Amended. 
City  Hall,  Market  House , 
and  Other  Buildings  ; 
Poiver  of  City  Council  in. 
Fire  Engines ,  etc. 

Sec.  9,  Art.  9,  Amended. 
Secs,  2,  3,  5  and  6,  Art.  7, 
Amended. 

Publication  of  Notice. 
Posting  “ 

Sec.  11,  Art.  7,  Amended. 
Notice  of  Assessment. 
Damages  and  Benefits. 
Assessments,  how  Collected. 
Lands  Sold  for. 
Commissioners  to  Convey. 


XI.  Pi  e-survey  and  Numbering 
Lots. 

XII.  Additions,  how  Made. 

XIII.  Damages  for  Neglect. 

XIV.  Jurisdiction  of  Po  lice  Jus¬ 

tices. 

XIV.  Rules  of  Practice. 

XV.  Powers  of  Marshal. 

XVI.  Fines  and  Forfeitures. 
XVII.  Process. 

XVIII.  Affidavit  for. 

XVIII.  Proceedings  under. 

XIX.  Continuance. 

XX.  Executions. 

XXI.  Costs,  how  Paid. 

XXII.  &  XXIII.  City  may  Ap¬ 
peal. 

XXIV.  Forms  Prescribed  by 
Council. 

XXV.  Publication  of  Notice. 


Certificate  of  Secretary  of  State. 


AX  ACT  to  amend  an  Act  entitled  “An  Act  to  Charter  the  City  of 
Champaign,”  approved  February  21,  1861. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois , 
represented  in  the  General  Assembly,  That  section  four  of  article 
five  of  an  Act  entitled  “An  Act  to  Charter  the  City  of  Champaign,” 
approved  February  21st,  1861,  is  hereby  so  amended  that  the  City 
Council  of  said  city  shall  have  power  to  issue  and  negotiate  any  such 
bonds  as  mentioned  in  said  section,  bearing  any  rate  of  interest  not 
exceeding  the  rate  of  ten  per  cent,  per  annum,  instead  of  eight  per 
cent,  per  annum,  as  heretofore  required  in  certain  cases. 

Sec.  2.  Article  six,  and  section  three  of  article  eleven  of  said  act, 
are  hereby  so  amended  that  the  City  Council  of  said  city  shall  have 
power,  by  ordinance  or  resolution,  to  fix  the  amount  of  money  to  be 
paid,  in  lieu  of  labor,  upon  the  streets,  alleys  and  highways  of  said 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN 


city,  at  any  sum  not  less  than  two,  nor  more  than  six  dollars  ;  and  in 
case  any  person,  liable  to  perform  such  labor,  shall  fail  or  refuse  so  to 
do,  when  duly  notified  by  the  City  Supervisor,  and  shall  fail  for  five 
days  after  the  first  day  appointed  by  such  notice  for  such  labor,  to  pay 
to  the  City  Supervisor,  or  the  City  Treasurer,  the  amount  of  money 
which  may  be  so  fixed  by  the  City  Council,  the  amount  of  money  so 
fixed,  together  with  fifty  per  cent,  thereof,  for  damages,  may  be 
collected  of  him,  by  suit,  in  the  name  of  the  city,  before  any  court 
of  competent  jurisdiction,  with  costs  of  suit,  and  no  set-off  shall  be 
allowed  in  any  such  suit;  or  said  amount  of  money,  and  damages, 
may  be  collected  in  the  same  manner  as  other  taxes.  It  shall  be 
sufficient  publication  of  the  notice  required  by  said  section  three,  article 
•eleven,  to  be  published  for  ten  days  in  the  newspaper  publishing  the 
ordinances  of  the  city,  to  publish  such  notice  once  in  such  newspaper, 
which  publication  shall  be  at  least  ten  days  before  the  first  day  appointed 
in  said  notice,  for  laboring  on  such  streets,  alleys  or  highways. 

Sec.  3.  Section  eleven  of  article  eleven,  of  said  act,  is  hereby  so 
amended  that  it  shall  be  sufficient  publication  of  any  ordinance,  regu¬ 
lation  or  by-law,  required  by  said  section  eleven  to  be  published  three 
days  in  the  newspaper  publishing  the  ordinances  of  the  city,  to  publish 
the  same  in  such  newspaper  at  least  once;  but  no  such  ordinance, 
regulation  or  by-law  shall  take  effect,  or  be  in  force,  until  three  days 
after  such  publication.  Such  publication  may  be  proved  by  any 
competent  evidence,  and  proof  of  such  publication,  by  the  affidavit  of 
the  printer  or  publisher  of  such  newspaper,  taken  before  any  officer 
authorized  to  administer  oaths,  and  filed  with  the  City  Clerk  of  said 
city,  shall  be  conclusive  evidence  of  the  legal  publication  and  promul¬ 
gation  of  such  ordinance,  regulation  or  by-law,  in  all  courts  and  places; 
all  ordinances,  regulations  and  by-laws,  which  have  been  heretofore 
printed  and  published,  as  herein  provided,  shall  be  taken  and  consid¬ 
ered  in  all  courts  and  places  as  having  been  legally  and  sufficiently 
printed  and  published. 

Sec.  4.  Section  nineteen  of  article  eleven,  of  said  act,  is  hereby 
so  amended  that  any  of  the  ordinances,  regulations  or  by-laws  of  said 
city,  when  printed  and  published  by  authority  of  the  City  Council, 
shall  be  received  in  evidence  in  all  courts  and  places,  without  further 
proof,  and  the  certificate  of  the  City  Clerk,  under  the  corporate  seal 
of  the  city,  shall  be  prima  facie  evidence  of  such  printing  and  publi¬ 
cation.  The  ordinances,  regulations  and  by-laws  of  said  city,  which 
have  been,  or  may  hereafter  be,  published  in  book  or  pamphlet  form, 
such  book  or  pamphlet  purporting,  by  its  title,  to  be  published  by 
.authority  of  the  City  Council  of  said  city,  shall  be  received  in  all 
courts  and  places  as  prima  facie  evidence  of  the  due  passage,  printing 
and  publication,  and  promulgation  of  such  ordinances,  regulations  and 
by-laws. 

Sec.  5.  Whenever  the  City  Council  of  said  city  shall  lawfully 
determine,  by  ordinance  or  resolution,  to  be  entered  upon  the  journals, 
to  erect,  a  city  hall,  market,  hospital,  city  prison,  or  work-house,  or  to 


38 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN, 


purchase  any  market  grounds,  public  squares  or  parks,  or  to  grade* 
pave  or  plank  any  street,  or  part  thereof,  or  to  erect  lamps  and  posts, 
and  light  the  streets  in  any  district  or  ward,  or  upon  any  other 
improvement  for  which  they  are  authorized  by  law  to  levy  a  tax,  and 
the  estimated  costs  of  such  improvements  shall  be  greater  than  the 
amount  received  from  the  tax  authorized  by  law  to  be  levied  for  that 
purpose,  at  one  time,  they  shall  have  the  power  to  levy  and  collect 
such  tax  on  all  the  property  subject  to  taxation  in  the  city,  or  in  the 
proper  division,  ward  or  district  thereof,  annually,  until  a  sufficient 
amount  of  money  shall  have  been  received  from  it  to  pay  the  expenses 
of  such  improvement,  or  so  much  of  such  expenses  as  any  such 
division,  ward  or  district  may  be  liable  by  law  to  pay;  or  they  may 
borrow  money  to  an  amount  equal  to  the  estimated  cost  of  such 
improvement,  not  exceeding  the  amount  to  which  they  are  by 
law  authorized  to  issue  the  bonds  of  the  city,  and  proceed  with  such 
improvement  with  the  money  so  borrowed,  and  may  annually  Itvy  and 
collect  the  rate  of  tax  so  authorized  by  law  for  that  purpose,  on  all 
property  subject  to  taxation  in  the  city,  or  in  the  proper  division, 
ward  or  district  thereof,  until  the  money  so  borrowed,  or  the  propor¬ 
tion  thereof  proper  to  be  paid  by  any  division,  ward  or  district  of  the 
city,  and  the  interest  thereon,  shall  be  received. 

Sec.  6.  The  City  Council  of  the  City  of  Champaign  shall  have- 
power,  within  the  city,  to  levy  and  collect  a  tax,  not  exceeding  five 
mills  on  the  dollar,  on  all  property  taxable  for  State  purposes,  for  the 
purpose  of  procuring  lire  engines,  hooks,  ladders,  and  all  other  apparatus 
used  for  the  extinguishment  of  fires,  to  be  collected  as  other  taxes. 

Sec.  7.  Section  nine  of  article  nine,  of  said  act,  is  hereby  so 
amended  that  the  collector  shall  advertise  such  premises  as  therein 
mentioned,  for  sale,  in  the  newspaper  publishing  the  ordinances  of  said 
city,  at  least  three  times,  the  first  of  which  advertisement  shall  be  at 
least  thirty  days  before  the  day  of  such  sale,  describing  the  premises, 
by  figures  or  otherwise,  with  the  name  of  the  owner  (when  known), 
and  the  several  amounts  of  the  taxes  and  assessments  thereon,  and 
costs  ;  said  notice  shall  also  contain  the  time  and  place  of  sale. 

Sec.  8.  Section  two  of  article  seven,  of  said  act,  is  hereby  so 
amended  that  it  shall  be  sufficient  publication  of  the  notice  thereby 
required  to  be  published  for  ten  days  in  the  newspaper  publishing  the 
ordinances  of  the  city  to  publish  such  notice  twice  in  such  newspaper, 
the  first  publication  to  be  at  least  ten  days  previous  to  the  choice  of 
commissioners,  as  provided  by  said  section  two.  Section  three  of  said 
article  seven  is  hereby  so  amended  that  it  shall  be  sufficient  publica¬ 
tion,  of  the  notice  therein  required  to  be  published  by  the  commission¬ 
ers,  to  publish  such  notice  in  the  newspaper  publishing  the  ordinances 
of  the  city,  at  least  once;  which  publication  shall  be  at  least  five  days 
before  said  commissioners  enter  upon  their  duties.  Section  five  of 
said  article  is  hereby  so  amended  that  it  shall  be  sufficient  publication 
of  the  notice,  therein  required  to  be  published,  to  publish  such  notice 
once  in  the.  newspaper  publishing  the  ordinances  of  the  city,  such 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


39 


publication  being  at  least  five  days  previous  to  the  day  named  in  said 
notice  for  persons  intersted  to  appear  and  give  notice  to  the  City 
Council  of  their  election,  as  required  by  said  section.  The  five  days’ 
public  notice  required  to  be  given  by  section  six  of  said  article,  may 
be  given  by  posting  up  written  or  printed,  or  partly  written  and  partly 
printed,  notices  of  such  sale,  in  at  least  three  of  the  most  public  places 
in  said  city,  or  by  publishing  such  notice  once  in  the  newspaper  pub¬ 
lishing  the  ordinances  of  said  city,  which  publication  shall  be  at  least 
five  days  before  the  day  of  sale. 

Sec.  9.  *  Section  eleven  of  article  seven,  of  said  act,  is  hereby  so 

amended  that  it  shall  be  sufficient  publication  of  the  notice  therein 
required  to  be  given  by  the  Clerk,  to  publish  the  same  at  least  twice 
in  the  newspaper  publishing  the  ordinances  of  the  city,  the  first  of 
which  publications  shall  be  at  least  ten  days  before  the  day  specified 
in  said  notice  for  the  confirmation  of  the  assessment,  and  in  addition 
to  the  provisions  of  said  section  eleven,  when  the  commissioners 
appointed  for  assessing  the  damages  and  benefits,  for  making,  opening, 
widening,  straightening  or  altering,  any  street,  alley  or  highway,  or 
public  ground  or  square,  shall  have  reported  their  assessment  of  dam¬ 
ages  and  benefits  to  the  City  Council,  and  the  City  Council  shall  have 
approved  the  same,  such  assessment  may,  at  any  time  thereafter,  be 
collected  of  the  owner  of  the  lot,  land  or  premises  against  wdiich  the 
same  is  assessed,  and  recovered,  by  suit  in  the  name  of  the  city,  before 
any  court  having  jurisdiction ;  or  the  City  Council  may,  by  the 
passage  of  ordinance  or  resolution,  to  be  entered,  at  full  upon  the 
journals  by  the  City  Clerk,  levy  and  assess  the  amount  of  such 
assessment  against  the  land,  lot  or  premises  against  which  the  same  is 
assessed  by  the  commissioners, and  direct  that  a  warrant  issue  for  the 
collection  of  the  same;  and  such  warrant  shall  be  collected  by  the 
sale  of  the  lands,  lots  or  premises,  against  which  assessments  are 
made,  in  the  manner  provided  in  the  ninth  article  of  said  act  (and 
such  amendments  as  may  be  made  thereto),  for  the  collection  of  taxes 
and  assessments,  and  such  assessments  shall  be  a  lien  in  the  manner 
provided  in  the  fourth  section  of  said  article  nine.  The  ordinance  or 
resolution  the  City  Council,  levying  such  assessments,  shall  contain  a 
correct  list  and  description  of  the  lands,  lots  or  premises,  in  figures  or 
otherwise,  with  the  name  of  the  owner  thereof  (if  known),  and  the 
amount  assessed  against  each  tract  of  land,  lot  or  premises,  set  oppo-  *- 
site  thereto. 

Sec.  10.  The  commissioners  appointed  to  assess  the  damages  for 
making,  opening,  widening,  straightening  or  altering  any  street,  alley 
or  highway,  or  public  ground  or  square,  when  all  the  proceedings  shall 
have  been  completed,  and  the  damages  paid  or  tendered  to  the  owner 
of  the  land  taken,  or  deposited  to  his  or  their  credit,  in  the  manner 
required  by  law,  shall  by  deed  convey  to  the  city  the  lands,  lots  and 
real  estate  so  taken,  and  such  deed  shall  vest  such  lands,  lots  and  real 
estate  in  the  city  for  the  use  of  the  public,  and  shall  be  conclusive 


*  Sit  A  rt.  All. 


CHARTER  OF  THE  CITY  OF  CHAMP  AlGJSfi 


40 


evidence  that  all  proceedings  were  in  conformity  with  the  charter  and 
ordinances  of  said  city. 

Sec.  11.  The  City  Council  of  said  city  may  cause  the  re-survey 
of  said  city,  or  any  part  thereof,  or  addition  thereto,  and  may  correct 
any  errors  which  may  be  found  in  the  original  surveys  of  the  same, 
and  may  cause  ail  lands  and  real  estate  within  the  city  to  be  surveyed 
and  correctly  described,  by  metes  and  bounds,  or  otherwise,  or  desig¬ 
nated  by  numbers,  so  as  to  be  properly  assessed  for  taxation,  and  may 
regulate  the  numbering  of  blocks  and  lots  in  the  city,  and  the  number¬ 
ing  of  lots  and  blocks,  or  lands,  not  already  numbered,  or  which  may 
hereafter  be  laid  out  or  subdivided,  and  may  cause  maps  or  plats  of 
such  lands,  blocks  or  lots,  to  be  made  and  recorded,  and  the  number, 
or  other  designation  of  such  lands,  lots  or  blocks,  upon  such  map  or 
plat,  shall  bo  a  good  and  valid  description  thereof,  in  all  conveyances, 
assessments  or  tax  lists,  or  other  proceedings. 

Sec.  12.  The  City  Council  shall  have  power  to  adopt  a  plan  for 
the  laying  out  and  platting  of  all  additions  which  may  be  made  to  the 
city,  or  of  subdivisions  of  lands  lying  within  the  city,  so  as  to  establish 
regularity  and  uniformity  in  the  streets,  alleys,  and  highways  of  the 
city,  and  to  require  that  all  additions  which  may  be  laid  out  or  platted, 
shall  conform  to  such  plan,  and  no  map  or  plat  of  any  addition  to  such 
city,  or  of  any  lands  or  lots  adjoining  it,  or  of  any  subdivision  of  the 
same,  shall  be  entitled  to  record,  or  be  recorded,  in  the  office  of  the 
Recorder  of  Champaign  county,  until  the  same  shall  have  been 
approved  by  the  City  Council  of  said  city,  and  all  such  additions  or 
subdivisions  shall  be  null  arid  void  until  a  correct  map  or  plat  thereof 
shall  be  approved  by  the  City  Council  of  said  city. 

Sec.  Id.  *The  City  Council  shall  not  be  liable  for  any  damages  or 
injury  arising  from  the  bad  condition  of  the  sidewalks,  crossings, 
streets,  alleys  or  highways  of  the  city,  by  reason  of  the  neglect  of  the 
proper  officers  of  the  city  to  repair  the  same,  until  the  Supervisor  of 
the  city  shall  have  been  notified  thereof,  and  shall  have  failed  to  repair 
the  same,  within  a  reasonable  time  after  such  notice. 

Sec.  14.  The  City  Council  of  the  City  of  Champaign  shall  have 
power,  by  ordinance  or  resolution,  to  designate  one  or  more  justices 
of  the  peace  in  said  city,  who  shall  have,  concurrently  with  the  Police 
Magistrate  of  said  city,  jurisdiction  of  any  action  for  the  recovery  of 
any  fine,  penalty  or  forfeiture,  under  the  charter,  or  any  amendment 
thereto,  or  any  ordinance,  regulation  or  by-law  of  said  city,  where  the 
amount  claimed  does  not  exceed  one  hundred  dollars.  The  rules  of 
practice  before  such  justice  of  the  peace,  in  such  cases,  shall  be  the 
same  as  prescribed  for  Police  Magistrates,  and  all  process  or  orders, 
issued  or  made  by  him,  shall  be  executed  by  the  officers  empowered  to 
execute  process  or  orders  of  a  Police  Magistrate. 

Sec.  15.  The  City  Marshal  and  Police  Constables  of  the  City  of 
Champaign,  and  other  officers  empowered  by  lawT  to  execute  process 
issued  by  the  Police  Magistrates,  justices  of  the  peace,  or  other  courts, 


*S@e  City  of  Champaign  vt.  Patterson.  50  Ill..  52. 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


41 


in  cases  arising  under  the  charter  or  ordii  ances  of  the  city,  mav  serve 
and  execute  the  same  within  the  limits  of  the  couiPy  o^’  Champaign, 
and  may  receive  the  same  fees  for  mileage,  as  are  allowed  to  county 
constables  in  similar  cases. 


Sec.  16.  The  city  may  sue  and  declare,  in  the  manner  provided 
in  section  twelve  of  article  eleven,  of  said  act,  for  several  fines,  pen¬ 
alties  and  forfeitures  for  violations  of  the  chartei  or  ordinances  of  the 
city,  at  the  same  time,  and  recover  judgment  for  as  many  offenses  as 
may  be  proven,  not  exceeding  the  jurisdiction  of  the  court,  and  may 
join  several  defendants,  and  recover  against  as  many  of  them  as  are 
proved  jointly  to  have  committed  such  violation. 


Sec.  IT.  Section  thirteen  of  article  eleven,  of  said  act,  is  hereby 
so  amended  that  in  all  prosecutions  for  the  violation  of  the  charter  of 
said  city,  or  any  amendments*  thereto,  or  for  the  violation  of  any 
ordinance,  regulation  or  by-law  of  said  city,  the  first  process  shall  be 
a  summons,  unless  oath  or  affirmation  be  made  for  a  warrant,  as  herein 
required:  Provided ,  no  process  shall  be  necessary  when  the  defend¬ 
ant  is  legally  arrested,  without  warrant,  and  brought  before  the  court,, 
but  in  such  cases  an  entry  of  the  cause,  time  and  place  of  the  arrest 
shall  be  made  upon  the  docket  of  the  court,  and  trial  shall  be  had  in 
the  same  manner  as  if  process  had  been  issued. 

Sec.  18.  Upon  affidavit  being  made  before  any  proper  officer,  by 
any  person,  of  the  violation  of  the  charter  of  said  city,  or  any 
amendment  thereto,  or  any  ordinance,  regulation  or  by-law  of  said 
city,  by  any  other  person,  stating  the  nature  of  the  violation,  and 
that  the  offender  is  a  noii-resident  of  the  city,  or  is  about  to  leave,  or 
remove  from  the  city,  or  that  there  is  danger  that  the  debt  or  penalty 
will  be  lost  to  the  citv,  unless  the  defendant  be  arrested,  and  held  to 
bail,  or  if  it  shall  appear  from  the  affidavit  that  the  offense  committed 
is  an  assault,  breach  of  the  peace,  or  other  offense,  in  which  a  warrant 
is  authorized  by  the  laws  of  the  State,  a  warrant  may  be  issued  for 
the  person  accused,  which  shall  contain  a  brief  statement  of  the 
nature  of  the  offense,  and  the  title  of  the  ordinance,  regulation  or 
by-law,  and  the  section  or  sections,  or  clause  of  the  charter,  ordi¬ 
nance,  regulation  or  by-law,  under  which  the  action  is  brought,  and 
shall  be  in  other  respects  substantially  like  the  warrant  authorized  to 
be  issued  by  justices  of  the  peace,  by  the  twenty-second  section  of 
chapter  fifty-nine  of  the  Revised  Statutes  of  the  State,  and  any 
person  arrested  on  such  warrant  may  give  bail  with  like  effect,  and 
the  same  proceedings  may  be  had  thereon  as  in  other  cases  of  special 
bail,  until  otherwise  provided  by  the  City  Council. 

Sec.  19.  When  any  person  shall  be  legally  arrested,  without 
warrant,  and  be  taken  before  the  Police  Magistrate,  or  any  justice  of 
the  peace  designated  by  the  City  Council,  as  aforesaid,  and  shall  be 
desirous  to  postpone  the  trial  of  the  action  against  him,  the  court 
may,  for  good  cause  shown,  upon  oath,  continue  such  cause:  Provided , 
the  defendant  shall,  if  required  by  the  court,  give  bail,  with  good 
security,  for  his  appearance  at  the  trial,  or  remain  in  custodv. 

6 


42 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


Sec.  20.  Execution  may  issue  immediately  upon  rendition  of 
judgment  in  favor  of  the  city  for  any  such  fine,  penalty  or  forfeiture, 
of  the  tenor  and  effect  required  by  section  fourteen  of  article  eleven, 
of  said  act,  but  the  defendants  shall  stand  committed  until  such  fine, 
penalty  or  forfeiture  is  discharged,  either  by  a  surrender  of  sufficient 
property  on  the  execution,  or  by  confinement,  or  by  payment  thereof : 
Provided,  the  €ity  Council  of  said  city  may  remit  such  fine,  penalty 
or  forfeiture,  or  release  such  defendant  from  custody,  either  or  both, 
by  a  vote  of  two-thirds  of  the  Aldermen  elected;  but  a  release  from 
custody  only  shall  not  discharge  such  defendant  from  the  payment  of 
such  fine,  penalty  or  forfeiture,  and  costs. 

Sec.  21.  The  City  of  Champaign  shall  not  be  liable  for  costs,  in 
any  case  arising  under  the  charter  and  ordinances  of  said  city,  in  any 
event,  and  the  City  Council  may  provide  for  the  payment  of  the 
Police  Magistrate,  justices  of  the  peace,  police  officers  and  constables, 
of  a  sum  of  money  in  gross,  in  lieu  of  all  fees  and  costs. 

Sec.  22.  The  city  may  appeal  in  all  cases  arising  under  the  charter 
and  ordinances  of  the  city,  without  giving  security,  and  the  Mayor, 
in  cases  of  appeal  by  the  city,  shall  execute  a  bond,  in  the  name  of 
the  city,  under  the  corporate  seal,  without  securities,  and  a  resolution 
or  ordinance  of  the  City  Council,  authorizing  the  same,  shall  be 
sufficient  authority  therefor,  nor  shall  the  city,  in  any  case,  be  required 
to  file  bonds  or  security  for  costs. 

Sec.  23.  Transcripts  of  judgments  rendered  in  cases  arising  under 
the  charter  or  ordinances  of  said  city,  may  be  taken  from  the  dockets 
of  the  Police  Magistrate,  or  justices  of  the  peace,  and  filed  in  the 
office  of  the  Clerk  of  the  Circuit  Court  of  Champaign  county,  and 
shall  have  the  same  effect  as  transcripts  in  other  cases,  and  execution 
shall  be  issued  tlioreon  and  collected  in  like  manner. 

Sec.  24.  The  City  Council  of  the  City  of  Champaign  shall  have 
power  to  prescribe  the  forms  of  process  to  be  used  in,  and  rules  of 
practice  for  the  government  of  Police  Magistrates  and  justices  of  the 
peace,  in  cases  arising  under  the  charter  or  ordinances  of  the  city, 
and  to  fix  and  regulate  the  fees  and  compensation  of  jurors,  witnesses 
and  others,  for  services  rendered  in  such  cases. 

Sec.  25.  Whenever,  by  the  terms  of  the  act,  to  which  this  is  an 
amendment,  a  notice  or  advertisement  is  required  or  authorized  to  be 
published  in  a  newspaper,  for  any  number  of  days,  not  exceeding  ten, 
it  shall  be  sufficient  to  publish  such  notice  in  such  newspaper  once ; 
when  such  notice  or  advertisement  is  required,  by  said  act,  to  be  pub¬ 
lished  more  than  ten  days,  and  less  than  twenty-one  days,  it  shall  be 
sufficient  to  publish  it  twice;  and  when  such  notice  is  required  to  be 
published  for  any  number  of  days,  exceeding  twenty-one,  it  shall  be 
sufficient  to  publish  it  three  times;  and  in  all  cases,  where  the  pub¬ 
lication  is  by  said  act  required  to  be  made  any  number  of  days  or 
length  of  time,  before  any  other  time,  or  act  to  be  done,  the  first 
publication  herein  required  shall  be  made  as  long  before  such  time 
or  act. 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


a 


Sec.  26.  This  act  shall  be  deemed  a  public  act,  and  may  be  read 
in  evidence  without  authentication,  and  judicial  notice  shall  be  taken 
thereof  in  all  courts  and  places,  and  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved  February  16,  1865. 


t 

Department  of  State,  \ 
Springfield,  May  10,  1865.  / 

I,  Siiaron  Tyndale,  Secretary  of  State  of  the  State  of  Illinois, 
do  hereby  certify  that  the  foregoing,  except  the  words  printed  in 
brackets,  thus  [  ]  (which  are  inserted  for  the  purpose  of  correction 
and  explanation),  are  true  and  perfect  copies  of  the  enrolled  laws  on 
file  in  my  office. 

I  i  testimony  whereof,  I  have  hereunto  set  my  hand,  the  day  and 
ye^r  aforesaid. 

SHARON  TYNDALE,  Secretary  of  State . 


YN  ACT  to  amend  an  Act  entitled  “An  Act  to  Charter  the  City 
of  Champaign,”  approved  February  21,  1861. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois , 
represented  in  the  (fenerdl  Assembly,  That  the  boundaries  of  the 
city  of  Champaign  are  hereby  enlarged,  so  as  to  include  all  that  terri¬ 
tory  included  within  the  following  limits,  viz.:  Beginning  at  the 
ce  iter  of  sectio  n  eighteen  (18),  town  nineteen  (19)  north,  range 
nine  (9)  east,  of  the  third  principal  meridian,  in  the  county  of  Cham¬ 
paign  ;  and  from  thence,  one  mile  and  three-fourths  of  a  mile  due 
north ;  and  from  thence,  due  west  two  miles ;  and  from  thence,  south 
to  the  center  of  section  fourteen  (11),  township  number  nineteen  (19) 
north,  range  number  eight  (8)  east,  of  the  third  principal  meridian, 
in  the  county  of  Champaign;  and  from  thence,  east  to  the  center  of 
section  eighteen  aforesaid,  to  the  place  of  beginning. 

Sec.  2.  This  act  shall  be  deemed  a  public  act,  and  take  effect  from, 
and  after  its  passage. 

Approved  March  80,  1869. 


44 


CHARTER  OF  THE  CITY  OF  CHAMPAIGN. 


UNITED  STATES  OF  AMERICA,  )  o 
State  of  Illinois.  j  k'* 

— A — \  I,  Edward  Rummel,  Secretary  of  State  of  the  State  of 

f  T  „  \  Illinois,  do  hereby  certify  that  the  foregoing  is  a  true  copy 
l  ^  j  of  an  enrolled  law,  now  on  file  in  my  office.  In  witness 
v — v — '  whereof  I  have  hereunto  set  my  hand  and  affixed  the 
Great  Seal  of  the  State,  at  the  city  of  Springfield,  this  nineteenth 
day  of  January,  A.  D.  1871. 

EDWARD  RUMMEL,  Secretary  of  State. 


Chap.  37.  §§  72 — 71. 


45 


Elections. 


C S-ELTIEIELAYIL  LAWS 

OF  THE  STATE  OIV  ELECTIONS. 

Laws  1861,  267.  21  Feb.  §  1.  Laws  1865,  58.  15  Feb.  §  15. 
752.  Thirty  Days’  Residence.]  To  constitute  residence,  under  the 
election  laws  of  this  State,  a  person  shall  have  resided  in  the  election 
precinct  or  district  for  the  term  of  thirty  days;  and  no  person  shall  be 
etitled  to  vote  at  any  election  under  the  laws  of  this  State,  excepting 
under  charters  for  cities  or  incorporated  towns,  unless  he  shall  have 
actually,  and  in  good  faith,  resided  in  the  election  precinct  or  district 
in  which  he  offers  his  vote,  for  thirty  days  immediately  preceding  such 
election,  any  law  of  this  State  to  the  contrary  notwithstanding. 

Ibid.  §  2.  73.]  Any  person  violating  the  provisions  of  this  act 

shall  be  subject  to  all  the  fines,  penalties  and  punishments  that  are 
now  provided  by  law  for  illegal  voting. 

Laws  1861,  26T.  22  Feb.  §  1.  Laws  1865,  58.  15  Feb.  §  15. 
74.  Residence  —  Challenge  —  Oath  — -  Witnesses.]  To  consti¬ 
tute  residence,  under  the  Constitution  and  election  laws  of  this  State, 
a  permanent  abode  is  necessary  ;  and  [at]  all  elections,  general  or 
special,  held  in  any  town,  city,  district  or  ward,  every  person  offering 
to  vote,  who  is  not  personally  known  to  the  judges  and  inspectors  of 
election  to  have  such  permanent  abode,  and  to  have  resided  in  such 
election  district  for  the  space  of  thirty  days  immediately  preceding  such 
election,  shall  if  his  vote  be  challenged,  take  the  oath  now  required  by 
law,  and,  in  addition  thereto,  swear  or  affirm  to  his  place  of  residence, 
specifying  the  particular  place  and  house  in  which  he  resides,  and 
stating  how  long  he  has  there  resided,  and  his  business  or  employment; 
and  if  he  has  not  resided  in  such  house  for  thirty  days  immediately  pre¬ 
ceding  such  election,  he  shall  state  where  and  in  what  house  he  has 
resided  for  the  last  thirty  days;  and,  in  addition  thereto,  such  voter,  so 
challenged,  shall  be  required  to  produce  two  witnesses,  both  of  whom 
are  personally  known  to  said  judges  of  said  election,  and  resident  in 
the  precinct,  district  or  ward,  or  shall  be  proved  by  some  legal  voter 
or  voters  of  the  precinct  or  district  in  which  said  vote  is  offered,  to  be 
voted  [voters]  therein,  who  shall  be  known  to  said  judges,  and  each 
of  whom  shall  take  the  following  oath,  to  be  administered  by  one  of 
the  judges  of  said  election: 

I  do  solemnly  swear  ( or  affirm ,  as  the  case  may  be,)  that  I  am  a 
resident  of  this  election  district ,  and  entitled  to  vote  at  this  election, 
and  that  I  have  been  a  resident  of  this  election  district  for  one  year 
last  past ,  and  that  I  am  well  acquainted  with  the  voter  whose  vote  it 


Chap.  37.  U  75—79. 


Ei.k(  tio^s 


46 


now  offered;  that  he  is  an  actual  and  bona  fide  resident  of  this  elec - 
lion  district ,  and  that  he  has  resided  in  this  State  for  one  year  last 


Laws  1861,  268.  22  Feb.  §  2.  7*3.  Penalties  Against  Judges.] 

If  any  judge  of  any  election  shall  permit  any  voter  to  vote,  whose 
vote  is  so  challenged,  without  the  proof  required  in  section  one  of  this 
act,  or  shall  knowingly  and  wilfully  permit  any  person  to  testify  as  a 
witness,  contrary  to  the  provisions  of  this  act,  shall  be  deemed  guilty 
of  [a]  high  misdemeanor,  and,  on  conviction  thereof,  shall  be  fined 
in  the  sum  of  §1,000,  and  imprisoned  in  the  county  jail  for  six 
months. 


Ibid.  §  3.  7©.  Perjtiey.]  If  any  witness  or  voter,  whose  vote  is 

so  challenged  and  sworn  tinder  the  provisions  of  this  act,  shall  know¬ 
ingly,  wilfully  and  corruptly  swear  falsely,  he  shall  be  deemed  guilty 
of  perjury,  and,  on  conviction  thereof,  imprisoned  in  the  penitentiary 
for  any  time  not  less  than  three  nor  more  than  twenty-one  years. 

Ibid.  §  8.  77.  All  Elections  Included.]  The  provisions  of 

this  act  shall  apply  to  all  general  and  special  elections  hereafter  held 
in  this  State,  whether  for  general,  town,  municipal  or  other  officers  ; 
and  no  person  shall  be  considered,  under  any  circumstances,  as  having 
a  residence  in  any  ward  or  election  district  or  precinct,  unless  he  shall 
have  had  a  permanent  abode  therein  for  at  least  thirty  days  immedi¬ 
ately  preceding  such  election. 

Ibid.  §  9.  78.  Liquor.]  No  liquor,  or  other  intoxicating  drinks, 
shall  be  sold  or  given  away,  at  retail,  nor  shall  any  bar-room,  or  place 
where  liquor  or  intoxicating  drinks  are  sold  at  retail,  be  open  upon  such 
election  day;  and  it  shall  be  the  duty  of  the  Sheriff,  Constables, 
public  officers  and  magistrates,  to  see  that  the  provisions  of  this 
section  are  enforced;  and  any  violation  of  its  provisions  shall  be  pros¬ 
ecuted  and  punished  in  the  same  manner,  and  to  the  same  extent  as 
the  keeping  of  tippling-houses  open  upon  Sunday,  or  the  first  day  of 
the  week,  is  now  punished  by  law. 

Laws  1865,  54.  15  Feb.  §  1.  70.  Board  of  Registry  —  First 

Meeting.]  The  persons  authorized  by  law,  or  appointed  pursuant  to 
any  town  or  city  ordinance,  to  act  as  judges  or  inspectors  of  elections, 
in  any  town,  city  or  ward,  or  other  election  district  or  precinct,  in  this 
State  (except  the  moderator  of  the  town  meeting,  in  towns  adopting 
township  organization,)  shall  constitute  a  Board  of  Registry  for  their 
respective  towns,  cities,  wards,  districts  or  precincts,  and  shall  meet 
on  Tuesday,  three  weeks  preceding  any  State,  county,  city  or  town 
election  (except  town  meetings  in  towns  adopting  the  township  organi¬ 
zation  law),  at  nine  o’clock,  a.  m.,  and  proceed  to  make  a  list  as  here¬ 
inafter  prescribed,  of  all  persons  qualified  and  entitled  to  vote  at  the 
ensuing  election,  in  the  election  district  of  which  they  are  judges  or 
inspectors ;  which  list,  when  completed,  shall  constitute  and  be  known  as 
the  Register  of  Electors  of  said  election  district;  and  said  Board  may 
continue  their  session,  for  the  purpose  of  making  said  list,  two  days, 
if  necessary:  Provided that  at  the  last  election  in  said  district. 


47 


Elections. 


Chap.  47.  Z  SO. 


9 


prior  to  said  meeting,  the  number  of  votes  cast  in  said  district 
exceeded  two  hundred. 


Ibid.  §  2.  80.  Register  of  Electors.]  Said  registers  shall 

each  contain  a  list  of  the  persons  so  qualified  and  entitled  to  vote  in 
said  election  district,  alphabetically  arranged,  according  to  their 
respective  surnames,  so  as  to  show,  in  one  column,  the  name  at  full 
length,  and  in  another  column,  in  cities,  the  residence,  by  the  number 
of  the  dwelling,  if  there  be  a  number,  and  the  name  of  the  street,  or 
other  location  of  the  dwelling  place  of  each  person.  It  shall  be  the 
duty  of  said  Board  to  enter  in  said  lists  the  names  of  all  persons, 
residing  in  their  election  district,  whose  names  appear  on  the  poll  list 
kept  in  said  district  at  the  last  preceding  election;  in  cities,  the  num¬ 
ber  of  the  dwelling  and  name  of  the  street  or  other  location,  if  the 
same  shall  be  known  to,  or  can  be  ascertained  by  such  Board;  and, 
for  this  purpose,  said  Board  are  authorized  to  take  from  the  office  in 
which  they  are  filed  the  poll  lists  made  and  filed  by  the  judges  or 
inspectors  of  such  district,  at  the  election  held  next  prior  to  the 
making  of  such  register.  In  making  said  list,  the  Board  shall  enter 
thereon,  in  addition  to  the  names  on  the  }K)11  list,  the  names  of  all 
other  persons  who  are  well  known  to  them  to  be  electors  in  said, 
district;  and  the  names  of  all  persons  on  the  poll  list  who  have  died 
or  removed  from  the  district  shall  be  omitted  from  said  register. 


[Four  Copies  Made.]  The  said  Board  shall  complete,  as  far  as 
practicable,  the  said  register  on  the  day  of  their  meeting,  aforesaid, 
and  shall  make  four  copies  thereof,  and  certify  the  register  and  each 
of  the  copies  to  be  a  true  list  of  the  voters  in  their  district,  so  far  as 
the  same  are  known  to  them.  Within  two  days  thereafter,  the  said 
original  list,  together  with  the  list  taken  from  the  office,  as  aforesaid, 
shall  be  filed  by  said  Board  in  the  office  of  the  Town  Clerk  of  the 
town  in  which  said  election  district  may  be;  but  in  counties  not 
adopting  township  organization,  said  list  shall  be  filed  with  the  judges 
or  inspectors  of  election  of  the  proper  district,  or  if  such  election 
district  is  in  a  city,  then  it  shall  be  filed  in  the  office  of  the  City  Clerk 
of  said  city;  and  one  copy  of  said  list  shall  be  kept  by  each  of  said 
judges  or  inspectors,  and  carefully  preserved  by  him  for  their  use  on 
the  day  or  days  hereinafter  mentioned,  for  the  revision  and  correction 
of  the  same. 

[One  Copy  Posted  or  Published.]  One  copy  of  said  list  shall, 
immediately  after  its  completion,  be  posted  in  some  conspicuous  place, 
where  the  last  preceding  election  in  said  district  was  held,  and  be 
accessible  to  any  elector  who  may  desire  to  examine  the  same  or  make 
copies  thereof.  Any  person  who  shall  take  down,  tear  down  or  deface 
any  list,  so  posted,  shall  be  deemed  guilty  of  misdemeanor,  and  shall 
be  punished  by  a  fine  of  fifty  dollars,  or  by  imprisonment  in  the  county 
jail  for  the  term  of  sixty  days,  or  by  both  fine  and  imprisonment. 
The  Board  may,  in  their  discretion,  cause  printed  copies  of  said  list 
to  be  posted  up  in  such  places  as  they  may  direct,  and  may  cause  the 
same  to  be  published  in  some  newspaper  in  the  county  in  which  such 


\ 


Chap.  37.  H  81 — 84. 


48 


ElECITOiVS, 


district  is  situated,  at  an  expense  not  exceeding  one  cent  for  each 
name  on  said  list. 

Ibid.  §  3.  81.  In  New  Districts.]  In  case  a  new  election  dis¬ 

trict  shall  be  formed  by  the  organization  of  a  new  town,  or  by  the 
division  of  any  town  or  ward,  or  the  incorporation  of  a  city  or  town, 
the  judges  or  inspectors  of  the  election,  in  the  new  district  thus 
formed,  may  make  their  registry  of  electors,  on  the  day  prescribed  by 
this  act,  in  such  manner  as  a  majority  of  them  may  direct,  and  for 
that  purpose  may  make  a  list,  or  cause  to  be  made,  a  certified  copy  of 
the  poll  list  or  lists  of  the  districts  in  which  such  new  district  is  situ¬ 
ated,  or  they  may  dispense  with  such  list  or  lists,  and  proceed  to  make 
a  register  of  electors  from  the  best  means  at  their  command.  Said 
lists  shall  only  embrace  the  names  of  such  persons  as  are  known  to 
them  to  be  electors  in  their  district,  and  shall  be  posted  up  and  copies 
thereof  made,  as  prescribed  in  the  preceding  section,  and  shall  be 
corrected  in  the  same  manner  that  other  lists  are  corrected. 

Ibid.  §  4.  §*|a  Second  Meeting  of  the  Board.]  The  said 
Board  shall  again  meet  on  Tuesday  of  the  week  preceding  the  said 
elections,  in  their  respective  election  districts-,  at  the  place  designated 
for  holding  the  polls  of  the  election,  for  the  purpose  of  revising,  cor¬ 
recting  and  completing  said  lists,  and  for  this  purpose,  in  'cities,  they 
shall  meet  at  eight  o’clock  in  the  morning,  and  remain  in  session  until 
nine  o’clock,  p.  m.,  of  that  day  and  the  day  following;  and  in  other 
districts  they  shall  meet  at  nine  o’clock  in  the  morning,  and  remain  in 
session  until  four  o’clock,  p.  m.,  of  that  day. 

Ibid.  §  5.  88.  Corrections  and  Additions.]  The  proceedings 

of  said  Board  shall  be  open,  and  all  persons  residing  and  entitled  to* 
cote  in  said  district,  shall  be  entitled  to  be  heard  by  said  Board  in 
relation  to  corrections  or  additions  to  said  register.  One  of  the  lists 
so  kept  by  the  judges  or  inspectors,  as  aforesaid,  shall  be  used  by  them, 
on  the  day  or  days  of  making  corrections  or  additions,  for  the  purpose 
of  completing  the  registry  for  such  district. 

I  bid.  §  6.  84.  Proof  to  be  Made.]  It  shall  be  the  duty  of  said 

Board,  at  their  meeting  for  revising  and  correcting  said  lists,  to  erase 
therefrom  the  name  of  any  person  inserted  therein,  who  shall  be 
proved  by  the  oath  of  two  legal  voters  of  said  district,  to  the  satisfac¬ 
tion  of  said  Board,  to  be  non-residents  of  said  district,  or  otherwise 
not  entitled  to  vote,,  in  said  district,  at  the  election  then  next  to  be 
held.  Any  elector  residing  in  said  district,  and  entitled  to  vote 
therein,  may  appear  before  said  Board  and  require  his  name  to  be 
recorded  on  said  alphabetical  list..  Any  person  so  requiring  his  name 
to  be  so  entered  on  said  lists,  shall  make  the  statement  as  to  the  street 
and  number  thereof,  and  where  he  resides,  required  by  the  provisions 
of  this  act  of  persons  offering  their  votes  at  elections,  and  shall  be 
subject  to  the  same  penalties  for  refusing  to  give  such  information,  or 
for  falsely  giving  the  same,  and  shall  also  be  subject  to  challenge, 
either  by  the  judges  or  inspectors,  or  either  of  them,  or  by  any  other 
elector  whose  name  appears  on  said  alphabetical  list ;  and  the  same 


8.j — st. 


Cn.u\  37. 


19 


Uj.kc  rroxy. 


oaths  may  be  administered  by  the  judges  or  inspectors  as  now  provided 
iu  case  of  persons  offering  to  vote  at  an  election,  and  in  case  no  chal¬ 
lenge  is  made  of  any  person  requiring  his  name  to  be  entered  on  said 
alphabetical  list,  or  in  case  of  challenge,  if  such  person  shall  make 
oath  that  would  entitle  him  to  vote  in  case  of  challenge  at  an  election, 
then  the  name  of  any  such  person  shall  be  added  to  the  alphabetical 
poll  list  of  the  last  preceding  year. 

Ibid.  §  T.  85.  Completed  Lists.]  After  said  lists  shall  have 
been  fully  completed,  the  said  Board  shall,  within  three  days  there¬ 
after,  cause  four  copies  of  the  same  to  be  made,  each  of  which  shall 
be  certified  by  them  to  be  a  correct  list  of  the  voters  of  their  district; 
one  of  which  shall  be  filed  in  the  office  of  the  Town  Clerk  of  towns, 
and  in  the  office  of  City  Clerks  in  cities  ;  and  one  of  which  copies 
shall  be  delivered  to  each  of  said  judges  or  inspectors.  It  shall  be 
the  duty  of  the  said  judges  or  inspectors,  so  receiving  such  lists, 
carefully  to  preserve  the  said  lists  for  their  use  on  election  day,  and  to 
designate  two  of  their  number,  at  the  opening  of  the  polls,  to  check 
the  name  of  every  voter  voting  in  such  district  whose  name  is  on  the 
register. 

o 

[Affidavit  of  Non-registerei>  Voter.]  No  vote  shall  be  received 
at  any  State,  county,  town  or  city  election,  in  this  State,  except  at 
town  meetings  in  towns  adopting  the  township  organization  law,  if  the 
name  of  the  person  offering  to  vote  be  not  on  the  said  register,  made 
on  the  Tuesday  or  Wednesday  preceding  the  election,  unless  the  per¬ 
son  offering  to  vote  shall  furnish  to  the  judges  of  the  election  his 
affidavit,  in  writing,  stating  therein  that  he  is  an  inhabitant  of  said 
district,  and  entitled  to  vote  therein  at  such  election,  and  prove,  by 
the  oath  of  a  householder  and  registered  voter  of  the  district  in  which 
he  offers  his  vote,  that  he  knows  such  person  to  be  an  inhabitant  of 
the  district,  and  if  in  any  city,  giving  the  residence  of  such  person 
within  said  district.  The  oath  may  be  administered  by  one  of  the 
judges  or  inspectors  of  the  election,  at  the  poll  where  the  vote  shall 
be  offered,  or  by  any  other  person  authorized  to  administer  oaths,  but 
no  person  shall  be  authorized  to  receive  compensation  for  administer¬ 
ing  the  oath.  Said  oath  shall  be  preserved  and  filed  in  the  office  of 
the  Town  or  City  Clerk,  or,  in  case  there  be  no  clerk,  then  said  oath 
shall  be  filed  with  and  preserved  by  the  judges  or  inspectors  of  the 
proper  district.  Any  person  may  [be]  challenged,  and  the  same  oaths 
shall  be  put  as  now  are,  or  hereafter  may  be,  prescribed  by  law. 

Ibid.  §  8.  8$$.  Duty  of  Clerks  at  the  Poll.]  The  clerks  at 

each  poll,  in  addition  to  the  duties  now  prescribed  by  law,  shall  enter 
on  the  poll  list,  kept  by  them  in  columns  prepared  for  that  purpose, 
opposite  the  name  of  each  person  voting,  the  same  statement  or  min¬ 
ute  as  hereinbefore  required  of  the  Board  in  making  the  registry ; 
but  such  entry  is  not  to  be  made  by  them  if  the  registry  contains 

correctly  the  name  and  residence  of  such  voter;  and  in  all  cases  said 

&/  ' 

clerk  shall  enter  in  a  column  opposite  the  name  of  each  person  not 
registered,  the  words  “not  registered.”  In  cities,  every  elector,  at 
7 


/ci  n  ■- 

v  fl.U’.  .  » i . 


50 


Election's 


||  S7 — 02. 


the  time  of  offering  his  vote,  shall  truly  state  the  street  in  which  he 
resides,  and  if  the  house,  lodging  or  tenement  in  which  he  resides  is 
numbered,  the  number  thereof.  And  the  clerks  of  the  polls,  in  case 
the  name  of  such  elector  is  not  registered,  shall  truly  enter,  in  the 
appropriate  column  of  the  poll  list,  opposite  the  name  of  the  elector, 
the  street  in  which  the  elector  resides,  and  the  number,  in  case  the 
house,  lodging  or  tenement  is  numbered ;  and  if  the  same  is  not 
numbered,  then  the  clerk  shall  enter  “not  numbered”  in  the  column 
of  the  poll  list  for  entering  the  number.  In  case  of  refusal  to  make 
the  statement,  as  aforesaid,  the  vote  of  such  an  elector  shall  not  be 
received.  Any  person  who  shall  wilfully  make  any  false  statement 
in  relation  thereto,  shall  be  deemed  guilty  of  misdemeanor,  and  shall, 
upon  conviction,  be  punished  with  a  fine  of  fifty  dollars,  or  by  impris¬ 
onment  in  the  county  jail  in  the  county  for  a  period  of  ten  days,  or 
by  both  such  fine  and  imprisonment. 

Ibid.  §  9.  87.  Lists  and  Register  After  the  Canvass.] 

After  the  canvass  of  the  votes,  one  of  said  poll  lists,  and  said  register, 
so  kept  and  checked,  as  aforesaid,  shall  be  attached  together,  and  shall, 
on  the  following  day,  be  filed  in  the  Town  or  City  Clerk’s  office  (as 
the  case  may  be)  in  which  said  district  may  be,  or  in  case  there  be  no 
such  clerk,  then  such  poll  lists  and  register  shall  be  filed  with  and 
preserved  by  the  judges  or  inspectors,  to  be  nsed  by  the  Board  of 
Registry  in  making  the  list  of  voters  at  the  next  election ;  the  other 
of  said  poll  lists  and  registers,  so  kept  and  checked  (except  in  town  and 
city  elections),  shall  be  returned  to  the  office  of  the  County  Clerk  of 
the  county  in  which  said  district  may  be,  at  the  same  time  the  returns 
of  the  election  are  made. 

Ibid.  §  10.  88.  Clerks.]  The  said  Board  may,  if  necessary,  on 

the  day  or  days  of  the  making  and  of  the  corrections  of  such  lists, 
appoint  a  clerk  to  assist  them  in  the  discharge  of  their  duties  required 
by  this  act ;  and  the  same  oath  shall  be  taken  by  such  clerk  as  is 
required  by  law  of  clerks  of  the  polls  or  of  elections. 

Ibid.  §11.  80.]  The  registers  shall  at  all  times  be  open  to  public 

inspection,  at  the  office  of  the  authorities  in  which  they  shall  be  depos¬ 
ited,  without  charge. 

Ibid.  §  12.  00.  Compensation.]  The  members  of  the  Board  of 

Registration  and  their  clerks  shall  each  receive  the  same  compensation 
as  is  now  allowed  by  law  for  judges  or  inspectors  of  elections,  for 
each  day  actually  employed  in  the  making  and  completing  of  the 
registry,  to  be  paid  to  them  at  the  time  and  in  the  manner  in  which 
they  are  paid  their  other  fees. 

Ibid.  §  13.  01.]  The  said  Board  shall  have  and  exercise  the 

same  power  in  preserving  order  at  their  meetings,  under  this  act,  as 
are  given  to  judges  or  inspectors  of  elections  for  preserving  order  on 
election  days ;  and  vacancies  in  said  Board  shall  be  filled  in  the  same 
manner  that  vacancies  are  now  filled  at  elections. 

Ibid.  §  14.  OS.  Double  Registration,  etc.]  Any  person  who 
shall  cause  his  name  to  be  registered  in  more  than  one  election  district, 


! 


M  93—91. 


Ejections 


ClTAP. 


o  - 

•  >  I  • 


or  who  shall  cause  his  name  to  be  registered,  knowing  that  he  is  not  a 
qualified  voter  in  the  district  where  said  registry  is  made,  or  who  shall 
falsely  personate  any  registered  voter,  and  any  person  causing,  aiding 
or  abetting  any  person,  in  any  manner,  in  either  of  said  acts,  shall  be 
punished,  for  each  and  every  offense,  by  imprisonment  in  the  State 
Prison  for  not  less  than  one  year.  All  intentional  false  swearing 
before  said  Board  of  Registration  shall  be  deemed  willful  and  corrupt 
perjury,  and,  on  conviction,  punished  as  such.  If  any  member  or 
officer  of  said  Board  shall  wilfully  violate  any  of  the  provisions  of 
this  act,  or  be  guilty  of  any  fraud  in  the  execution  of  the  duties  of 
his  office,  he  shall  be  punished,  for  each  and  every  offense,  by  impris¬ 
onment  in  the  State  Prison  for  not  less  than  one  year. 

Ibid.  §  18.  93.  Blanks.]  The  necessary  blanks  for  making  the 

registers  required  by  law,  shall  be  prepared  by  the  Secretary  of  State, 
and  transmitted,  to  the  persons  entitled  to  receive  them,  in  the  same 
manner  that  blank  returns  of  elections  are  now  transmitted. 

Ibid.  §  19.  94:.]  Nothing  contained  in  this  act  shall  be  construed 

in  any  manner  to  affect  the  provisions  of  any  act  that  has  been  or 
may  be  passed  at  the  present  session  of  the  General  Assembly,  to 
enable  the  qualified  electors  of  this  State,  absent  therefrom  in  the 
military  service  of  the  United  States,  in  the  army  or  navy  thereof,  to 
vote.  —  [Act  of  16  Feb.  1865;  to  enable  the  electors  absent  in  the 
army  or  navy  to  vote ;  Laws  1865,  59. 


Corporations. 


Chap.  25.  Div.  1.  HO — HI. 


COLLECTION  OF 

tm^:x::e]S  -A. hat id  assessments. 

Laws  1854,  22.  1  Mar.  §  1.  P.  181.  8.  201.  SO.  Sales  for 
Taxes.]  In  all  cases,  where  taxes  assessed  on  real  estate  by  the  corpo¬ 
rate  authorities  of  any  city  or  town  in  this  State,  except  in  the  city 
of  Chicago,  are  not  paid  within  the  time  fixed  by  the  corporate 
authorities  of  any  such  city  or  town,  it  shall  be  lawful  for  the  Collector 
of  any  such  city  or  town,  after  giving  notice  of  such  application,  by 
advertisement,  at  least  thirty  days  previously  to  such  application,  in 
some  newspaper  published  in  said  town  or  city,  or  if  no  newspaper 
should  be  published  in  said  town  or  city,  then  by  posting  up  printed 
or  written  notices  of  such  intended  application  in  at  least  four  of  the 
most  public  places  in  such  town  or  city,  to  apply  to  the  County  Court 
of  the  county  in  which  such  delinquent  real  estate  may  be  situated, 
and  cause  judgment  to  be  entered  against  such  delinquent  real  estate 
for  the  amount  of  taxes  due  and  unpaid,  and  costs'.  And  the  said 
County  Court  shall  proceed  to  hear  and  determine  said  application, 
and  render  judgment  against  said  delinquent  real  estate,  in  the  same 
manner,  and  said  judgment  shall  have  the  like  effect,  as  though  said 
delinquent  list  had  been  returned  to  the  County  Court  by  the  Sheriff 
or  Collector  of  the  county,  in  the  collection  of  State  and  county 
taxes.  And  the  County  Court  shall  issue  its  precept  or  order  to  the 
Collector  of  said  city  or  town,  directing  him  to  sell  said  real  estate 
at  public  auction,  to  pay  said  delinquent  taxes  and  costs:  Provided , 
that  the  corporate  authorities  of  such  towns  or  cities  shall  have  full 
power  to  adopt  any  regulation  or  proceeding  they  may  deem  necessary 
to  carry  this  section  into  full  effect:  And  provided  further ,  that 
the  corporate  authorities  of  any  town  or  city  shall  have  power  to  fix 
the  time  of  such  application  to  the  County  Court,  and  the  time  of 
sale  of  said  real  estate. 

Ibid.  §  2.  SI.  Assessments  for  Improvements.  In  all  cases 
where  assessments  have  heretofore  been  made,  or  where  assessments 
may  hereafter  be  made,  by  the  corporate  authorities  of  any  town  or 
city  in  this  State,  on  any  lot  or  real  estate  in  such  town  or  city,  for 
the  purpose  of  improving  any  street,  sidewalk  or  alley,  in  front  of 
such  lot  or  real  estate,  or  for  any  purpose  whatever,  either  by  ordi¬ 
nance,  resolution  or  other  proceeding,  and  such  assessment  is  not  paid 
within  the  time  fixed  by  the  order,  resolution  or  ordinance,  making 
such  assessment,  the  corporate  authorities  of  the  several  towns  and 
cities  in  this  State  may  apply  to  the  County  Court  of  the  proper 
county  for  judgment  against  said  lot  or  real  estate,  for  the  amount  of 


Chap  lot.  22  1 — 1, 


AY  u<  r: im  ^ 


s;tid  assessment  and  costs;  and  the  County  Court,  on  such  application 
being  made,  shall  render  judgment  against  such  lot  or  real  estate,  for 
the  amount  of  said  assessment  and  costs,  and  shall  issue  its  precept  to 
the  Sheriff  of  the  proper  county,  commanding  him  to  sell  said  lot  or 
real  estate,  or  so  much  thereof  as  may  be  necessary  to  pay  said  judg¬ 
ment  and  costs,  in  the  same  manner  and  with  like  effect  as  if  sold  upon 
execution  at  law;  and  the  corporate  authorities  of  the  several  towns 
and  cities  shall  have  full  power  to  provide,  by  resolution  or  ordinance, 
for  the  making  or  levying  of  any  such  assessment,  and  they  shall  have 
full  power  to  fix  the  time  of  payment,  and  the  kind  and  time  of 
notice  of  such  assessment,  and  of  the  said  application  to  the  County 
Court ;  and  the  corporate  authorities  of  any  town  or  city  shall  have 
full  and  complete  authority  to  adopt  any  rule,  regulation  or  proceeding 
which  they  may  deem  necessary  to  carry  the  provisions  of  this  section 
into  full  and  complete  effect. 


CHAPTER  107. 

Warrants  of  Cities  and  Towns. 

B.  S.  §  1,  531.  P.  1184.  S.  205.  1.  Drawn  for  Amount  Due.] 

In  all  cases  in  which  any  city  or  town  in  this  State  shall  be  indebted 
to  any  person  or  persons,  on  any  account  whatsoever,  a  warrant  or 
voucher  shall  be  drawn  on  the  Treasurer  of  such  citv  or  town,  for  the 

v'  ' 

whole  amount  found  due  to  such  person,  by  the  tribunal  having  power 
to  audit  and  allow  claims  against  such  city  or  town ;  and  such  tribunal 
shall  not,  in  any  case,  draw  more  than  one  warrant  or  voucher  for  the 
amount  allowed  to  one  individual  at  one  time. 

Ibid.  §  2.  2.]  No  warrant  or  voucher,  drawn  on  the  Treasurer 

of  any  city  or  town,  shall  he  drawn  in  favor  of  any  other  person  than 
the  one  to  whom  the  same  may  be  due,  and  such  warrant  or  voucher 
may  be  in  the  form  now  prescribed  by  law. 

Ibid.  §  3.  3.  To  Whom  Payable.]  No  Treasurer  of  any  citv 

or  town  in  this  State  shall  pay  any  warrant  or  voucher  drawn  on  him, 
unless  such  warrant  he  presented  for  payment  by  the  person  in  whose 
favor  such  warrant  is  drawn,  or  his  assignee,  or  executor,  or  adminis¬ 
trator. 

1  bid.  §  4.  4.]  Any  officer  or  officers,  of  any  town  or  city,  that 

shall  be  guilty  of  violating  the  provisions  of  this  chapter,  shall  he 
deemed  guilty  of  a  misdemeanor  in  office,  and  for  every  such  violation 
shall  be  fined  in  a  sum  not  exceeding  five  hundred  dollars,  to  he 
recovered  by  indictment. 


54 


EVIDENCE  —  POLICE  MAGISTRATES. 


EVIDENCE. 

[Extract  from  Chapter  NL.,  entitled  “Evidence  and  Depositions.” — 

Revised  Statutes  of  1845. 

Section  9.  Copies  of  all  papers,  books  or  proceedings,  or  parts 
thereof,  appertaining  to  transactions  in  their  corporate  capacity,  of 
any  town  or  city,  heretofore  incorporated  under  a  general  or  special 
law  of  this  State,  certified  to  be  true  copies  by  the  Clerk  or  keeper  of 
the  same,  under  the  seal  of  said  town  or  city,  or  under  the  private 
seal  of  said  Clerk  or  keeper,  if  there  be  no  public  seal ;  the  said  Clerk 
or  keeper  also  certifying  that  he  is  intrusted  with  the  safe  keeping  of 
the  originals,  of  which  he  gives  certified  copies,,  shall  be  received  as 
prima  facie  evidence  of  the  facts  so  certified  in  all  the  courts  of  this 
State,  in  any  suit  or  proceeding  pending  before  them. 


POLICE  MAGISTRATES. 

AN  ACT  for  the  Better  Government  of  Towns  and  Cities,  and  to 

amend  the  Charters  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois , 
represented  in  the  Greneral  Assembly ,  That  there  shall  be  established, 
in  each  of  the  cities  in  this  State,  inferior  courts  of  civil  and  criminal 
jurisdiction,  which  shall  be  called  Police  Magistrates'  Courts. 

Sec.  2.  That  there  shall  be  elected,  in  each  of  the  incorporated 
towns  and  cities  of  this  State,  the  population  of  which  shall  not  exceed 
six  thousand,  an  officer  who  shall  be  styled  Police  Magistrate  of  the 

city  of  - ,  or  town  of  - ,  as  the  case  may  be;  in  each  city  of 

this  State,  having  a  population  of  over  six  thousand  and  not  exceeding 
twelve  thousand,  there  shall  be  elected  two  Police  Magistrates ;  and 
in  the  cities  of  this  State,  whose  population  shall  exceed  twelve  thou¬ 
sand,  there  shall  be  elected  three  Police  Magistrates ;  said  Magistrates 
shall  be  elected  by  the  legal  voters  of  such  city  or  town,  at  the  next 
regular  election  for  city  or  town  officers,  and  every  four  years  there¬ 
after. 

Sec.  8.  Said  Police  Magistrates,  when  elected,  shall  be  commis¬ 
sioned  and  qualified  in  the  same  manner  as  justices  of  the  peace  are, 
and  shall  have,  in  their  respective  counties,  the  same  jurisdiction, 
powers  and  emoluments  as  other  justices  of  the  peace  in  this  State; 
and  they  shall  also  have  jurisdiction  in  all  cases  arising  under  the 
ordinances  of  their  respective  towns  and  cities,  and  for  any  breaches 
thereof,  where  the  amount  claimed  shall  not  exceed  one  hundred  dollars, 
and  in  all  cases  arising  under  the  ordinances  of  towns  and  cities,  said 


EVIDENCE 


POLICE  MAGISTRATES. 


:>:> 


Ma  gistrates  shall  be  entitled  to  the  same  fees  as  justices  of  the  peace 
now  are  for  similar  services,  and  to  be  collected  in  the  same  manner : 
Provided,  the  city  or  town  authorities  of  any  such  town  or  city  may 
make  such  additional  allowance  to  such  Police  Magistrate  as  they  may 
deem  just  and  expedient,  and  in  all  cases  arising  under  the  ordinances 
of  any  such  town  or  city,  change  of  venue  shall  be  allowed  from  one 
Police  Magistrate  to  another,  in  cities  where  there  is  more  than  one 
such  Magistrate,  and,  in  all  other  towns  and  cities,  from  such  Police 
Magistrate  to  the  nearest  justice  of  the  peace,  to  be  applied  for  in 
the  same  manner,  and  granted  on  the  same  conditions  and  in  the 
same  manner,  as  changes  of  venue  from  justices  of  the  peace  now 
are. 

Sec.  4.  The  rules  of  practice  and  proceeding  before  such  Police 
Magistrate  shall  conform  to  the  practice  and  proceedings  before  jus¬ 
tices  of  the  peace,  except  in  cases  where  such  rules  of  practice  and 
proceeding  shall  be  changed  or  modified  by  the  charter  of  such  town 
or  city,  in  which  case  such  rules  of  practice  and  proceedings  shall 
conform  to  the  said  charters. 

Sec.  5.  The  City  Marshals  of  such  towns  or  cities,  and  all  con¬ 
stables  of  the  county  in  which  said  town  or  city  may  be  situated, 
and  all  the  town  or  Police  Constables  of  such  towns  or  cities  respect¬ 
ively,  shall  be  and  are  hereby  authorized  to  execute  all  process  and 
orders  issued  or  made  by  said  Police  Magistrate  in  their  respective 
counties. 

Sec.  6.  Appeals  shall  be  allowed  from  the  decision  of  Police 
Magistrates  in  all  cases,  to  be  applied  far  and  taken  in  the  same 
manner  that  appeals  from  justices  of  the  peace  may  be  taken. 

Sec.  7.  This  act  to  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  February  27,  1854. 


AN  ACT  to  amend  an  Act  entitled  u  An  Act  for  the  Better  Govern¬ 
ment  of  Towns  and  Cities,  and  to  amend  the  Charters  thereof;” 
approved  February  27,  1854. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  1  llinoi 
represented  in  the  (general  Assembly,  That  all  Police  Magistrates, 
when  elected,  shall  severally  hold  their  offices  for  the  term  of  four 
years,  and  until  others  are  elected  and  qualified;  and  in  case  of  death, 
resignation  or  removal  from  the  town  or  city,  of  any  of  the  said 
Police  Magistrates,  their  offices  shall  be  deemed  thereby  vacated,  and 
such  vacancies  shall  be  filled  by  special  elections  for  that  purpose, 
notified  and  conducted  in  the  same  manner  as  is  now  provided  by  law 
for  special  elections  for  justices  of  the  peace. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  February  .15,  1855. 


RULES  OP  THE  CITY  COUKTTL. 


Rules  of  the  City  Council 

OF  THE 

CITY  OF  CHAMPAIG1T. 


i. 

The  Mayor  shall  take  the  chair  at  the  hour  appointed  for  the 
Council  to  meet,  and  immediately  call  the  members  to  order,  and,  at 
the  instance  of  any  two  members  present,  compel  the  attendance  of 
absent  members.  And,  in  cases  of  the  non-attendance  of  the  Mayor 
at  any  meeting,  the  Board  of  Aldermen  shall  appoint  one  of  their 
own  members  Chairman,  who  shall  preside  at  that  meeting,  and  shall 
be  Mayor  pro  tern. 

II. 

A  majority  of  the  members  elect  shall  constitute  a  quorum  for  the 
transaction  of  business, 

III. 

Order  of  business. 

First  —  The  reading  of  the  minutes  of  the  preceding  meeting, 
unless  dispensed  with,  and  their  amendment  or  correction. 

Second  —  Presentation  of  petitions  (which  shall  always  be  in  writing), 
claims,  and  reports  of  officers. 

Third — Reports  of  standing  committees. 

Fourth  —  Reports  of  special  committees. 

Fifth  —  Communications  to  the  Council. 

Sixth  —  Unfinished  business  of  the  preceding  meeting. 

Seventh  — -New  business. 


IV. 

All  q  nest ions  as  to  the  priority  of  business  shall  be  decided  without 
debate. 

V. 


The  Mayor  shall  preserve  order  and  decorum,  and  shall  decide  all 
questions  of  order  subject  to  an  apeal  to  the  Council, 


IU'LES  OF  THE  CITY  COl’XCIL. 


i  >  i 

_ I _ _ _ _ . _ 

VI. 

While  a  question  is  being  put,  no  member  shall  walk  across  or  out 
of  the  Council  room. 


VII. 

When  two  or  more  members  shall  address  the  Mayor,  he  shall  decide 
who  is  first  to  speak. 

VIII. 

No  member  shall  speak  more  than  twice  upon  the  same  question, 
nor  more  than  once  upon  the  “previous  question,”  without  leave  of 
the  Council,  nor  more  than  once  in  any  case,  until  every  member 
choosing  to  speak  shall  have  spoken. 


While  a  member  is  speaking,  no  member  shall  entertain  any  private 
discourse,  or  pass  between  him  and  the  Mayor. 

X. 

I 

Every  member,  previous  to  his  speaking,  shall  rise  and  address: 
“Mr.  Mayor” — but  shall  not  proceed  until  recognized  and  named  by 
the  Mayor. 

XI. 

No  personalities  or  reflections,  injurious  to  the  feelings  of  any 
member  or  the  harmony  of  the  Council,  shall  be  tolerated,  and  every 
person  indulging  in  such  personalities  shall  be  called  to  order  by  the 

Mayor. 

*/ 

XII. 

A  member  called  to  order  shall  immediately  sit  down,  unless  per¬ 
mitted  by  the  Council  to  explain.  If  he  appeals,  the  Council  shall 
decide  the  point  without  debate.  If  no  appeal  is  taken,  the  decision 
of  the  Mayor  shall  be  conclusive. 

XIII. 

When  a  question  is  stated,  every  member  present  shall  vote,  unless 
excused  by  the  Council,  or  unless  directly  interested  in  the  question, 
in  which  case  he  shall  not  vote. 

XIV. 

No  motion  shall  be  entertained  unless  seconded;  when  seconded,  it 
shall  be  stated  by  the  Mayor,  and,  if  any  member  requires  it,  reduced 
to  writing. 

XV. 

When  a  motion  or  resolution  has  been  stated  by  the  Mayor,  it  shall 
be  deemed  to  be  in  possession  of  the  Council,  but  may  be  withdrawn 
at  anv  time  before  a  decision  or  amendment. 

8 


RULES  OF  THE  CITY  COUNCIL. 


58 


XVI. 

If  a  question  unEr  consideration  contains  more  than  one  distinct 
proposition,  it  may  be  divided  upon  the  request  of  any  member. 

XVII. 

When  a  blank  is  to  be  filled,  and  different  sums  or  times  proposed, 
the  question  shall  first  be  put  upon  the  largest  sum  or  the  longest 
time. 

XVIII. 

When  a  question  is  under  debate,  no  motion  shall  be  received, 
unless  for  the  previous  question,  to  postpone  indefinitely,  to  adjourn 
to  a  certain  day,  to  lay  on  the  table,  to  amend,  or  to  adjourn  the 
Council. 


XIX. 

Amotion  for  the  “previous  question,”  to  lay  the  “question”  on 
the  table,  or  to  commit  it  until  decided,  shall  preclude  all  amendment 
or  debate  of  the  main  question,  and  a  motion  to  postpone  a  question 
indefinitely,  or  to  adjourn  it  to  a  certain  day,  shall,  until  it  is  decided, 
preclude  all  amendment  to  the  main  question. 


The  “previous  question”  shall  be  put  as  follows:  “Shall  the  main 
question  be  now  put?” 

XXL 

A  motion  to  adjourn  shall  always  be  in  order  and  decided  without 
debate. 


XXII. 

In  all  cases,  the  name  of  a  member  offering  a  resolution  or  motion 
shall  be  entered  with  it  upon  the  journal. 

XXIII. 

The  yeas  and  nays  shall  be  taken  upon  the  passage  of  every  ordi¬ 
nance,  and  entered  upon  the  journal;  and,  if  any  member  require  it, 
upon  any  question  before  the  Council;  but  shall  not  be  taken  unless 
called  for  previous  to  the  taking  of  the  vote. 


XXIV. 

No  ordinance  shall  be  repealed  or  passed,  or  contract  or  appro¬ 
priation  of  money  made,  unless  by  a  vote  of  a  majority  of  the 
Board. 


XXV. 

All  committees  shall  be  appointed  by  the  Mayor,  unless  otherwise 
directed  by  the  Council,  in  which  case  they  shall  be  appointed  by 
ballot, 


RULES  OF  THE  CITY  COUNCIL. 


5H 


XXVI. 

Committees,  to  whom  any  subject  may  be  referred,  shall  report  in 
writing,  addressed  to  the  City  Council  of  the  City  of  Champaign. 

XXVII. 

The  City  Clerk  shall  forward  all  papers  to  the  appropriate  commit¬ 
tees  and  officers  as  early  as  the  next  day  after  the  reference  shall  be 
made,  by  the  City  Marshal,  who  shall  deliver  them. 

XXVIII. 

The  standing  committees  of  the  Council  shall  be  as  follows:  On 
Streets  and  Alleys ,  Public  Buildings  and  Grounds ,  to  be  composed 
of  three  members;  on  Schools ,  similarly  constituted;  on  Claims ,  of 
three  members  ;  on  Fire  and  Water ,  of  three  members  ;  on  Police , 
of  three  members ;  on  Markets ,  of  three  members.  Such  committees 
shall  be  appointed  by  the  Mayor,  or  presiding  officer,  or  Mayor,  pro 
tem .,  annually,  at  the  first  stated  meeting  of  the  year.  The  first 
named  of  each  committee  shall  be  chairman. 


No  petition  for  the  remission  of  a  fine,  under  any  ordinance  of  the 
City,  shall  be  considered  after  reception,  without  a  vote  of  two-thirds 
of  the  Council,  or  without  said  petition  is  signed  by  the  Police  Magis¬ 
trate,  or  the  jury  imposing  the  fine,  or  the  City  Attorney. 

XXX. 

Every  proposition  involving  the  expenditure  of  money,  shall  be 
referred  to  an  appropriate  standing  committee,  and  a  report  thereon 
made  to  the  Council  by  said  committee  before  the  Council  vote  upon 
the  expenditure. 

XXXI. 

The  regular  stated  meeting  of  the  City  Council  shall  be  held  at  the 
office  of  the  Police  Magistrate,  on  the  second  Saturday  of  each  month, 
at  seven  o’clock,  p.  m.,  and  two  other  regular  stated  meetings  —  one 
on  the  third  Saturday  of  June,  and  the  other  on  the  fourth  Saturday 
of  July,  A.  D.  1860;  and  adjourned  meetings  may  be  held  for  the 
purpose  of  completing  the  unfinished  business  of  the  regular  meetings 
at  such  times  as  may  be  appointed  by  the  City  Council.  A  meeting 
shall  be  held  on  the  last  Monday  in  March  in  each  year,  for  the  pur¬ 
pose  of  making  settlements  of  the  accounts  of  the  city  officers  for  the 
preceding  year. 

XXXII. 

Special  meetings  may  be  called  and  held  by  notification  to  each 
member  of  the  Council,  served  personally  or  left  at  his  usual  place  of 
abode,  stating  the  object  and  purpose  of  such  meeting,  and  no  business 
shall  be  transacted  at  such  special  meeting,  except  such  as  the  meeting 
was  called  for  and  notification  given  thereof. 


■;o 

RULES  OF  THE  CITY  COUNCIL. 

XXXIII. 

The  City  Marshal,  or  some  one  appointed  by  him,  at  his  own  cost, 
shall  attend  all  meetings  of  the  Council  and  execute  all  their  orders, 
and  shall  keep  the  Council  room  in  order  and  prepare  the  same  for 
the  meetings  of  the  Council,  and  extinguish  the  lights  and  fires,  and 
close  the  same  upon  adjournment.  He  shall,  when  required  by  the 
Mayor,  or  any  two  Aldermen,  deliver  notice  of  any  special  meeting 
to  each  member  of  the  Council,  or  leave  the  same  at  his  usual  resi- 


dence. 

XXXIV. 

The  foregoing  rules,  nor  any  of  them,  shall  not  be  repealed  or 
annulled,  amended,  abridged,  modified  or  suspended,  except  by  a  vote 
of  a  majority  of  the  Council. 

Adopted  June  9,  A.  D.  1860. 


-4W  • t • 


It E  VISED  ORDINANCES 


0  F  T  II  E 


TY  OF  OIHIJYIMIFYYIGrFr. 


AN  ORDINANCE  in  Relation  to  the  Revised  Ordinances  of  the 

City. 

Section  1.  (July  12, 1871.) — §  1.  Be  it  ordained  by  the  City  Council 
of  the  City  of  Champaign ,  That  the  following  shall  constitute  and 
be  denominated  the  “Revised  Ordinances  of  the  City  of  Champaign,’' 
and  shall  be  published  in  book  form,  properly  arranged  and  divided 
into  chapters,  divisions  and  sections,  with  a  table  of  contents,  and 
properly  indexed,  and  when  published,  with  the  certificate  of  the 
Mayor  and  City  Clerk,  under  the  corporate  seal,  of  the  authenticity 
of  the  same,  shall  be  in  force,  and  shall  be  received  in  all  courts  and 
places  of  judicial  investigation  without  further  proof. 

All  public  or  general  ordinances,  or  parts  thereof,  not  included 
herein,  shall  be  repealed,  so  far  as  they  may  conflict  with  the 
provisions  hereof;  but  no  fine,  forfeiture,  penalty,  right,  action, 
suit,  debt  or  other  liability  whatsoever,  created,  instigated,  incurred 
or  accrued,  by  or  under  the  same,  shall  be  released,  discharged, 
annulled,  repealed,  or  in  anywise  affected;  but  may  be  prosecuted, 
recovered  or  enjoyed,  or  any  suit  or  other  proceeding  be  commenced 
or  completed  thereon,  as  fully,  and  in  the  same  manner  in  all  respects, 
as  if  said  ordinance,  or  part  thereof,  had  remained  in  full  force. 


Chaps.  1 — ‘2. 


f)3 


Accounts — Additions. 


CHAPTER  I. 

Accounts. 

AN  ORDINANCE  in  Relation  to  Accounts. 

I.  Accounts  and  Claims ,  Pre-  I.  Certified  by  Officers ,  when, 
sented  how.  I.  Salaries  Pxcepted. 

I.  To  be  Sivorn  to,  when. 

Section  1.  (June  20, 1860) — §  1.  Be  it  ordained  by  the  City  Council 
of  the  City  of  Champaign,  That  no  account  or  claim  against  the  City 
of  Champaign,  except  for  the  salaries  of  city  officers,  or  for  the  pay¬ 
ment  of  a  special  contract  male  by  the  City  Council,  or  by  some 
officer  of  the  city,  authorized  by  the  City  Council,  or  by  ordinance  to 
make  the  same,  or  for  the  payment  of  fee  bills  of  officers  of  courts, 
-shall  be  considered  audited  or  allowed,  or  any  warrant  issued  for  the 
payment  thereof,  unless  the  person  presenting  the  same,  or  some  other 
credible  person  for  him,  shall  make  oath  before  the  Mayor  or  City 
Clerk,  upon  the  presentation  or  filing  of  such  claim  or  account, 
'■‘that  it  is  true,  just,  correct  and  reasonable.”  And  no  claim  or 
account  against  the  city,  upon  any  contract  made  or  incurred  by  any 
officer,  by  authority  of  the  City  Council,  or  of  any  ordinance,  shall 
be  considered  audited  or  allowed,  or  any  warrant  issued  for  the  pay¬ 
ment  thereof,  unless  accompanied  with  the  certificate  of  the  officer  by 
whom  or  under  whose  authority  the  same  was  incurred  or  contracted, 
stating  that  he  has  examined  such  account  or  claim,  and  verily  believes 
that  it  is  true,  just,  correct  and  reasonable,  and  in  accordance  with 
the  contract.  . 


CHAPTER  II. 


Additions. 


AN  ORDINANCE  in  Relation  to  Additions. 


I.  Additions,  hoiv  Made. 

T.  Platting  of  Lots  and  Blocks . 
I.  Must  Conform  to  Original 
Town. 


II.  Penalty  for  Violation  of. 

III.  Plat,  City  Council  Must 
Approve  of. 


Section  1.  (June  20,  1860) — §  1.  Be  it  ordained  by  the  City  Council 
of  the  City  of  Champaign,  That  any  addition  which  may  be  made  to 
the  city,  or  any  lands  adjoining  or  within  the  same,  which  may  be  laid 


C'hap 


Com bustible  Material, 


out  into  lots  or  blocks,  shall  be  so  laid  out,  surveyed  and  platted,  as 
that  the  blocks  or  other  subdivisions  shall  conform  to  the  regular 
blocks  of  the  original  town,  or  with  the  regular  blocks  of  the  additions 
composing  the  original  town,  or  adjoining  such  lands  or  additions 
proposed  to  be  laid  out,  and  that  the  streets  and  alleys  shall  corres¬ 
pond  with  and  conform  to  the  previously  established  streets  and  alleys 
with  which  they  may  connect,  and  continue  the  same.* 

Ibid.  Sec.  2,  Any  surveyor  or  other  person  who  shall  survey  or 
plat  any  addition  to  the  city,  or  any  lands  adjoining  or  within  the 
same,  into  blocks  or  other  subdivisions,  with  the  streets,  alleys  or 
blocks  laid  out  contrary  to  the  preceding  section,  or  any  owner  of  any 
such  lands  or  addition,  or  agent  of  such  owner,  causing  the  same  to 
be  done,  shall  be  subject  to  a  penalty  of  not  less  than  one  hundred 
dollars,  and  such  owner  or  his  agent  shall  be  subject  to  an  additional 
penalty  of  not  less  than  fifty  dollars  for  each  lot  sold  by  him, 

Ibid.  Sec.  3.  When  any  person  may  wish  to  lay  out  or  plat  any 
addition  of  lands  adjoining  or  within  the  city,  in  any  other  manner 
than  is  herein  prescribed,  he  may  apply  to  the  City  Council,  desig¬ 
nating  the  manner  in  which  he  proposes  to  la y  out  and  plat  such 
addition  or  lands,  and  upon  the  approval  thereof  by  the  City  Council, 
such  lands  or  addition  may  be  laid  out  and  platted,  and  shall  not  be 
deemed  a  violation  hereof. 


CHAPTER  III, 

Combustible  Material. 

AN  ORDINANCE  to  Regulate  the  Storing,  Moving  and  Sale  of 

Combustibles. 

I,  &  III,  To  be  Kept  in  One  Place , 

Quantities  of. 

I.  &  II.  Combustible  Fluids ,  Sto¬ 
ring  of. 

Section  1.  (Feb.  24, 1868) — §  1.  Be  it  ordained  by  the  City  Council 
of  the  City  of  Champaign ,  That  no  person  or  persons  shall  keep  on 
hand,  in  or  about  any  premises  used  or  occupied  by  him,  her  or  them, 
in  any  one  place  of  business  or  otherwise,  for  sale  or  for  any  other 
purpose,  any  coal  oil,  kerosene,  naphtha,  burning  fluid,  camphene,  or 
other  combustible  fluids,  in  quantities  greater  than  four  (4)  barrels, 
within  the  limits  of  the  City  of  Champaign,  unless  such  premises 
shall  be  located  at  least  one  hundred  feet  distant  from  any  other 
building  or  combustible  substance.  And  for  each  and  every  violation 
of  this  section  of  this  ordinance,  the  person  or  persons  guilty  shall  be 
liable  to  a  penalty  of  not  less  than  ten  (10)  dollars. 

( ‘Barter,  3,  Art,  I,  ami  $N*<  12  of  Amendments  thereto. 


II.  Moving  of,  to  be  in 
the  Bay  Time. 

I,  II  &  III,  Penalty  for  Violation 

nf  ^ 


Chap.  4. 


M 1SI)  EM  KANORS. 


().') 


Ibid.  Sec.  2.  When  any  person  or  persons  shall  desire  to  keep 
on  hand,  within  the  limits  of  the  City  of  Champaign,  any  coal  oil, 
kerosene,  naphtha,  burning  fluid,  camphene,  or  other  combustible 
fluids,  in  quantities  greater  than  four  barrels,  the  same  shall  be  stored 
in  some  building  standing  at  least  one  hundred  feet  distant  from  any 
other  building  or  any  combustible  material  or  substance;  and  when 
necessary  to  move  from  said  places  of  storage  to  places  of  business, 
or  elsewhere,  for  sale  or  otherwise,  it  shall  be  done  in  the  day  time,  or 
by  daylight,  and  in  no  case  shall  such  fluids  above  named,  or  fluids  of 
like  character,  be  removed  from  said  place  of  storage  in  the  night  time, 
or  by  the  light  of  lamps,  lanterns,  or  other  artificial  lights.  And  any 
violation  of  this  section  shall  subject  the  offender  to  a  penalty  of  not 
less  than  ten  dollars. 

Gunpowder. 

Section  1.  (Aug.  15,  1866)  —  §  3.  No  person  or  persons  shall  keep 
on  hand,  in  or  about  any  premises  used  or  occupied  by  him,  her  or 
them,  in  any  one  place  of  business,  for  sale  or  for  any  other  purpose, 
a  greater  quantity  of  gunpowder  than  twenty-five  (25)  pounds,  within 
the  limits  of  the  City  of  Ch.ampaign.  And  for  each  and  every  viola¬ 
tion  of  this  ordinance,  the  person  or  persons  guilty  of  such  violation 
shall  be  deemed  guilty  of  a  misdemeanor,  and  be  liable  to  a.  penalty 
of  not  less  than  ten  dollars.* 


CHAPTER  IV. 


AN  ORDINANCE  to  amend  an  Ordinance  entitled  “  An  Ordinance 

Concerning  Misdemeanors.” 


I.  Dog  Fighting  Prohibited. 

I.  Penalty  for  Encouraging . 

II.  Fiei  * ce  Dog  not  to  Run  at 
Large. 

II.  Penalty  for  Permitting. 

III.  Bitch  not  to  Run  at  Large , 
when. 


IV.  All  Dogs  Prohibited  from 
Running  at  Large ,  when. 
IV.  Penalty  for  Permitting. 

V.  Interfering  with  Officer ,  Pen¬ 
alty  for. 

VI.  Pay  of  Officer  in  Carrying  out 
Provisions  hereof. 


Section  1.  (Aug.  12,  1871.)  —  §  1.  Be  it  ordained  by  the  City 
Council  of  the  City  of  Champaign,  That  when  any  person  shall  be 
present  at  any  dog  fight,  when  the  animals  meet  accidentally,  and 
shall,  by  any  gesture  or  word  of  encouragement,  urge  the  dogs  to 
fight ;  or,  if  any  person  or  persons  shall,  by  agreement,  set  their  dogs 

*See  7,  ?  2,  Art.  X.,  of  Charter. 

9 


(’hap.  4. 


Misdemeanors. 


f)f> 


to  fighting,  within  the  limits  of  said  city;  or  encourage  them  after 
they  have  commenced  fighting,  he  or  they  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  forfeit  and  pay  a  sum 
not  less  than  three  nor  more  than  fifty  dollars,  for  each  and  every 
offense;  and  it  is  hereby  made  the  duty  of  the  City  Marshal  to 
suppress  all  such  dog  fights,  and  arrest  and  take  before  the  Police 
Magistrate  all  persons  engaged  in  urging  the  said  dogs  to  fight,  or 
encouraging  them  to  fight,  within  the  meaning  and  provisions  of  this 
section. 

Ibid.  Sec.  2.  Any  owner  or  keeper  of  a  fierce  or  dangerous 
dog  or  bitch,  who  shall  knowingly  permit  the  same  to  run  at  large,  to 
the  danger,  annoyance  or  damage  of  any  person  within  the  city,  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
fined  not  less  than  three  dollars  for  the  first  offense,  and  not  less  than 
ten  dollars  for  the  second  offense,  and,  in  addition,  the  fees  allowed  the 
Marshal  or  Police  Constable  for  killing  and  removing  said  dog  or  bitch; 
and,  upon  the  second  conviction,  such  dog  or  bitch  shall  be  killed  and 
removed  from  the  city,  by  or  under  the  direction  of  the  City  Marshal 
or  Police  Constable. 

Ibid.  Sec.  3.  If  any  bitch  be  found  running  at  large  within  the 
limits  of  the  city,  during  the  period  of  her  heat,  said  bitch,  unless 
immediately  taken  care  of  by  her  owner,  shall  be  killed  and  removed 
from  the  city,  by  or  under  the  direction  of  the  City  Marshal  or  Police 
Constable,  and  the  owner  thereof  shall  forfeit  and  pay,  for  the  use  of 
the  city,  a  sum  not  less  than  three  dollars,  nor  more  than  ten  dollars, 
and  the  fees  of  such  officer  for  killing  and  removing  such  bitch. 

Ibid.  Sec.  4.  Whenever  the  Mayor,  or  acting  Mayor,  of  the 
City  of  Champaign,  shall  be  of  the  opinion  that  any  danger  of 
hydrophobia  exists  in  said  city,  he  shall  issue  his  proclamation 
requiring  all  persons  within  the  city  to  confine  their  dogs,  if  any  they 
have,  in  some  safe  place,  for  such  time  as  he  shall  designate;  and  all 
dogs  found  running  at  large,  in  said  city,  during  the  time  designated, 
shall  be  killed  and  removed  from  the  city,  by  or  under  the  direction  of 
the  City  Marshal  or  Police  Constable,  and  the  owners  thereof  shall 
be  liable  for  the  fees  allowed  for  killing  and  removing,  and  a  further 
penalty  of  not  less  than  five  or  more  than  twenty  dollars :  Provided , 
the  provisions  of  this  section  shall  not  apply  to  dogs  of  non-residents 
coming  to  the  city  with  their  owners,  until  after  such  owner  or  owners 
shall  have  been  notified  of  such  proclamation. 

Ibid.  Sec.  5.  If  any  person  or  persons  shall  in  any  w'ay  prevent, 
or  attempt  to  prevent,  the  City  Marshal  or  Police  Constable,  or  any 
person  acting  under  the  direction  or  orders  of  either  the  City  Marshal 
or  Police  Constable,  from  killing  any  dog  or  dogs,  bitch  or  bitches, 
as  herein  provided  for,  he,  she  or  they  shall  forfeit  and  pay  to  the  said 
city  of  Champaign  a  sum  not  less  than  five  dollars,  nor  more  than 
twenty-five  dollars,  for  each  and  every  offense. 

Ibid.  Sec.  6.  The  City  Marshal,  or  Police  Constable,  shall  be 
entitled  to  the  sum  of  one  dollar  for  each  dog  or  bitch  killed  or 


Chap.  .>. 


GT 


Election's', 


removed  from  the  limits  of  the  city,  in  accordance  with  the  provisions' 
of  this  ordinance,  to  be  paid  out  of  the  city  treasury,  when  the  same 
cannot  be  collected  from  the  owner  of  such  dog  or  bitch,  so  killed  and 
removed,* 


CHAPTER  V. 

Elections. 


AN  ORDINANCE  in  Relation 


I.  City  Elections ,  Time  of. 

I.  Notice  of  how  Given. 

I.  Special  Election,  how  Con¬ 
ducted. 

II.  Judges  of \  how  and  when 
Appointed. 

X.  Duties  of. 

II.  Alte?  mate  Judges. 

III.  Vacancies  in,  how  Filled. 

III.  Not  to  be  of  Same  Political 
Party. 

IY.  Qualifications  of. 

IY.  Clerks  of,  Qualifications. 
IX.  Clerks,  Duties  of. 

Y.  Oath,  Form  of. 

YI.  Vacancy  by  Sickness ,  how 
Proceed. 

YII.  Opening  and  Closing  Polls. 
YIII.  The  Ballot  Box,  Examined 
how. 

IX.  Ward  Poll  Lists,  No.  of. 
IX.  “  u  “  Form  of. 
IX.  Voters  Sworn  and  Rejected 
how  Kept . 

X.  Voting,  Mode  of. 

X.  Ballot,  Description  of. 

XI.  Electors ,  Qualification  of. 
XII.  u  ’  Challenge  of. 

XII.  “  Oath  of  when  Chal¬ 

lenged. 

XIII.  Poll  Lists  to  be  Compared 
how. 

XIII.  Closing  Polls ,  how  Proceed. 
XI Y.  Canvassing  Votes,  Manner 
of. 

*See  30,  2,  Art.  V.,  of  Charter. 


XY. 

XY. 

XYI. 

XYI. 

XYII. 

XYIII. 

XIX. 

XX. 

XXI. 

XXII. 

XXIII. 

XXIY. 

XXY. 


XXYI. 

XXYII. 

XXYIII. 

XXIX. 

XXX. 


to  Elections. 

Election  Returns,  how 
Made. 

Election  Returns,  Form 

°f-  . 

E  lection  Returns  Com¬ 
pleted,  how  Proceed. 

Breaking  Seals  of,  Pen¬ 
alty  of. 

City  Council  to  Canvass, 
how. 

Ln  Case  of  a  Tie,  how 
Proceed. 

Persons  Elected,  Noti¬ 
fied  how. 

Marshal,  Duty  of  at 
Elections. 

Illegal  Voting,  Penalty 

of- 

Abetting  Illegal  Voting , 
Penalty  of. 

Refusing  Legal  Votes , 
Penalty  of. 

Receiving  I llegal  Votes, 
Penalty  of. 

Carrying  aivay  Ballot 
Box  or  Poll  List,  Pen¬ 
alty  of. 

Elections  Void,  when. 

Contested  E  lections ,  how 
Proceed. 

Ditto  of  May  or, hoiv  Pro¬ 
ceed. 

Ditto  of  Witnesses ,  how 
Summoned. 

Compensation  of  Judges. 


r 


€hap.  o. 


68 


Elections. 


Secton  1.  (June  28,  1860.)  —  §  1.  Be  it  ordained  by  the  City 
Council  of  the  City  of  Champaign ,  That  a  general  election,  for  all 
elective  city  officers,  shall  be  held  in  each  ward  of  the  city,  on  the 
first  Monday  of  April,  in  each  year,  at  such  place  as  may  be  desig¬ 
nated  by  the  City  Council.  The  City  Clerk  shall  give  at  least  three 

days’  notice,  by  posting  up  written  or  printed  notices  thereof,  in  at 

least  three  of  the  most  public  places  of  the  ward,  or  by  publishing, 

for  three  days  at  least,  an  advertisement  in  the  newspaper  publishing 
the  ordinances  of  the  city,  stating  the  time  and  place  of  holding  the 
election  and  the  officers  to  be  elected.  Special  elections  shall  be  held 
and  conducted,  and  notices  thereof  given,  in  the  same  manner  as  gen¬ 
eral  elections. 

Ibid.  Sec.  2.  The  City  Council  shall  annually,  at  least  eight 
days  before  the  charter  election,  appoint  by  ballot,  in  each  ward,  three 
legal  voters  thereof,  to  act  as  judges  of  election  for  the  year  for 
which  they  are  appointed,  or  during  the  pleasure  of  the  City  Council. 
The  City  Clerk  shall,  without  delay,  after  such  appointment,  make 
out  and  deliver  to  the  City  Marshal  a  certificate  of  appointment  to 
each  of  the  persons  appointed  judges,  under  the  corporate  seal  (if  any), 
and  the  Marshal  shall  deliver  such  certificate  to  each  person  appointed. 
The  City  Council  may,  at  the  time  of  appointing  the  judges  of  elec¬ 
tion,  appoint,  from  the  legal  voters  of  the  ward,  an  alternate  in 
the  place  of  each  of  the  persons  appointed  as  judges,  and  such 
alternates  shall  serve  as  judges  in  case  of  neglect  or  refusal  of  any 
of  the  persons  appointed  as  judges  to  act ;  and  they  shall  be 
notified  of  their  appointment  as  alternates  in  like  manner  as  the 
judges. 

Ibid.  Sec.  3.  If  any  judge  of  elections  shall  refuse  to  act,  or 
shall  not  attend  at  the  time  fixed  for  the  opening  of  the  polls,  the 
vacancy  shall  be  filled  by  the  alternate,  or  if  no  alternate  shall  attend, 
by  a  legal  voter  of  the  ward,  to  be  chosen  by  the  majority  of  judges 
or  alternates  in  attendance.  If  no  majority  of  the  judges  or  alter¬ 
nates  shall  attend,  a  majority  of  the  legal  voters  of  the  ward  in 
attendance  may  choose  the  requisite  number  of  judges,  in  like  manner. 
But  all  the  judges  shall  not,  in  any  case,  be  chosen  from  the  same 
political  party,  unless  the  persons  who  may  be  first  so  chosen  or 
appointed  shall  neglect  or  refuse  to  serve. 

Ibid.  Sec.  4.  The  judges  shall  choose  two  legal  voters  of"  the 
ward  to  act  as  clerks  of  elections,  who  shall  be  clerks  of  elections 
during  the  pleasure  of  the  judges.*  But  no  person  holding  any 
office  under  the  United  States,  the  State,  or  the  city,  or  candidate 
for  any  State  or  city  office,  shall  be  judge  or  clerk  of  any  city 
election. 

Ibid.  Sec.  5.  The  judges  and  clerks  shall  respectively  and 
severally,  before  opening  the  polls  or  receiving  any  votes,  take  and 
subscribe  an  oath  or  affirmation,  which  shall  be  affixed  to  the  poll  list, 
and  may  be  in  the  following  form,  to  wit: 

^See  People  vs.  Dickson,  17  Ill.,  191. 


Chap. 


Elections. 


09 


“  We  do  solemnly  swear  (or  aMrm)  that  we  will  perform,  the  duties 
of  judges  and  clerks  of  this  election  according  to  laic  and  the  best  of 
our  abilities ,  and  that  ice  will  studiously  endeavor  to  prevent  fraud , 
deceit  and  abuse  in  conducting  this  election,  A.  B.,1 

(Signed)  C.  D.,  \  Judges. 


E.  F., 


j.  k!’  } GUrk*- 

“  Sworn  to  and  subscribed  before  me ,  at  Champaign ,  this - 

of - ,  A.  I).  186 — s  L.  M.,  City  Clerk  or  J.  P. 


day 


If  no  officer  authorized  to  administer  oaths  shall  be  present  at  the 
opening  of  the  polls,  any  judge  may  administer  the  oath  to  the  other 
judges  and  to  the  clerks,  and  one  of  the  judges  so  sworn  may  admin¬ 
ister  the  oath  to  him.  The  oath,  when  so  administered,  shall  be 
certified  by  the  judges  administering  the  same.  No  returns  shall  be 
invalid  or  rejected  for  any  defect  in  the  manner  of  administering  or 
certifying  the  oath. 

Ibid.  Sec.  6.  If  any  judge  or  clerk  shall,  after  entering  upon 
his  duties,  by  sickness  or  other  disability,  be  unable  to  continue  to 
act,  another  may  be  appointed  in  his  place  by  the  judges.  In  such 
case,  the  person  substituted  shall  take  and  subscribe  the  oa,th  as  here¬ 
inbefore  required,  and  the  substitution  and  the  time  thereof  shall  be 
noted  on  the  poll  lists. 

Ibid.  Sec.  7.  At  all  elections  the  polls  shall  be  opened  at  eight 
o'clock  a.  m.,  or  as  soon  thereafter  as  the  judges  and  clerks  shall  be 
qualified,  and  shall  be  kept  open  until  six  o’clock  p.  m.  When  opened, 
proclamation  shall  be  made,  “that  the  polls  are  now  open.” 

Ibid  Sec.  18.  A  ballot  box,  with  a  lock  and  key,  and  an  aper¬ 
ture  in  the  top  thereof  not  larger  than  will  admit  a  single  folded  ballot, 
shall  be  provided  for  the  use  of  the  judges  of  each  [ward]  by  the  City 
Clerk.  Before  receiving  any  vote,  the  box  shall  be  publicly  opened 
and  examined  by  the  judges,  to  see  that  there  is  no  ballot  therein, 
and  shall  then  be  publicly  closed  and  locked,  and  the  key  taken  by 
one  of  the  judges. 

.Ibid.  Sec.  9.  The  City  Clerk  shall  provide  two  poll  lists  for  each 
ward,  with  columns  ruled  for  the  name  and  number  of  each  voter. 
The  poll  lists  shall  be  in  the  following  form,  to  wit : 


Poll  list  of  voters  in  the -  ivard  of  the  City  of  Champaign ,  at 

the  charter  (or  special )  election  held  at - ,  in  said  ward,  on - , 

the  —  day  of - ,  A.  I).  186—,  as  follows ,  to  wit: 


No. 

Names  of  Voters. 

Aro. 

Names  of  Voters. 

1 

A.  B., 

24 

W.  X., 

2 

C.  D., 

25 

Y.  Z., 

(‘if  a i*.  o.- 


70 


"Election's, 


The  clerks  of  the  election  shall  keep  the  poll  lists,  and  shall  write 
down  the  names  and  numbers  of  voters,  in  the  order  in  which  they 
vote,  marking  the  letter  “  S  ”  opposite  to  the  names  of  all  persons 
who  may  be  challenged  and  sworn.  They  shall  also  keep,  in  a  sepa¬ 
rate  list,  the  names  of  all  persons  whose  votes  are  rejected;  and  the 
ballots  offered  by  such  persons  shall  be  kept  by  the  judges,  with  the 
name  of  the  person  indorsed  thereon. 

Ibid.  Sec.  10.  The  mode  of  voting  shall  be  by  ballot.  The 
ballot  shall  consist  of  a  single  piece  of  white  paper,  on  which  shall  be 
printed  or  written,  or  partly  both,  the  name  of  each  person  voted  for, 
with  the  name  of  the  offices  to  which  the  voter  wishes  him  elected, 
and  without  any  marks  or  figures  on  the  back  thereof  intended  to 
designate  one  ballot  from  another.*  The  ballot  shall  be  folded  by 
the  voter,  and  if  received,  placed  in  the  ballot  box  by  the  judges;  but 
any  person  may  vote  an  open  ballot  if  he  chooses.  The  judges  shall 
not  open  or  examine  any  ballot  offered,  except  so  far  as  to  ascertain 
if  it  is  single  or  not;  and  if  any  ballot  shall  be  discovered  to  be  double,, 
it  shall  be  rejected,  and  the  person  offering  the  same  shall  not  vote  at 
the  election.  Nor  shall  the  judges  mark  any  ballot,  except  when  the 
vote  of  the  person  offering  it  is  rejected. 

Ibid.  Sec.  11.  Every  male  citizen  of  the  ETnited  States,  of  the 
age  of  twenty-one  years,  who  is  an  inhabitant  of  the  city,  and  is 
entitled  to  vote  for  State  officers,  and  who  has  actually  resided  in  the 
ward  in  which  he  proposes  to  vote  for  tenf  days  next  preceding  the 
election,  shall  be  entitled  to  vote  in  said  ward.  All  persons  shall  be 
deemed. resident  of  the  ward  in  wdiicli  they  are  accustomed  to  lodge. 

Ibid.  Sec.  12.  The  judges,  or  any  legal  voter  of  the  ward,  shall 
have  the  right  to  challenge  any  vote.  When  any  person  offering  to 
vote  shall  be  challenged,  and  shall  not  be  able  to  prove  by  competent 
evidence  that  he  is  legally  entitled  to  vote,  to  the  satisfaction  of  the 
judges  and  the  person  challenging,  the  judges  shall  cause  to  be 
administered  to  him  the  following  oath  : 

'l  u  I  swear  (or  affirm)  that  I  am  of  the  age  of  twenty-one  years , 
that  1  am  a  citizen  of  the  United  States  ( or  was  a  resident  of  this 
State  at  the  time  of  the  adoption  of  the  Constitution )  —  [April  first , 
1848]  —  and  have  been  a  resident  of  this  State  one  year,  and  a  resi¬ 
dent  of  this  city  ten  days  immediately  preceding  this  election ,  and  am 
now ,  and  have  been  for  the  ten  days  last  past ,  a  resident  of  this  ivard , 
and  have  not  voted  at  this  election .” 

If  any  person  challenged  shall  refuse  to  take  the  oath,  his  vote 
shall  be  rejected.  If  he  shall  take  the  oath  his  vote  shall  be 
received.  § 

Sec.  14.  (June  23,  1860)  —  §  13.  The  clerks  shall,  from  time  to 
time,  and  at  the  closing  of  the  polls,  examine  and  compare  their  poll 
lists,  and  correct  all  errors  therein,  under  the  direction  of  the  judges,. 

*  See  72  and  74  of  Election  Law,  page  45  ante. 

t  See  Peoplo  vs.  Killduff,  15  Til.,  500. 

X  See  $  74  of  Election  Laws,  page  45  ante. 

?  See  Spragins  vs.  Houghton,  2  Scana.,  40<, 


( "H  a  r* . 


71 


Elkctiokss-. 


until  they  shall  correspond.  When  the  polls  are  finally  closed,  the 
judges  and  clerks  shall  proceed  to  canvass  the  ballots,  and  shall  first 
count  all  the  ballots  unopened,  except  so  far  as  to  ascertain  whether 
a  ballot  be  single  or  not;  if  two  or  more  ballots  shall  be  found  folded 
together,  they  shall  be  rejected.  If,  after  counting  the  ballots,  and 
rejecting  such  as  are  double,  the  number  of  ballots  received  shall 
exceed  the  number  of  votes  polled,  the  judges  shall  replace  the  ballots 
in  the  box,  and,  after  shaking  them  up,  draw’  out  by  lot  and  destroy 
the  number  of  the  excess. 

Sec.  15.  (June  23,  1860)  —  §  14.  In  canvassing  the  ballots,  the 
clerk  shall  mark  dowrn  the  votes  each  candidate  receives,  and  the  office 
which  he  is  voted  for  in  the  ballot,  as  the  ballots  are  read  by  the  judges. 
If  any  ballot  shall  contain  a  greater  number  of  names  of  persons 
voted  for,  for  any  office,  than  there  are  persons  to  be  elected  to  that 
office,  it  shall  be  void  so  far  as  that  office  is  concerned..  No  ballot 
shall  be  rejected,  if  the  judges  can  determine  to  their  satisfaction  the 
person  intended  to  be  voted  for,  and  the  office  which  the  voter  intended 
he  should  fill.  If  two  or  more  ballots  shall  be  found  folded  together, 
they  shall  all  be  rejected;  or  if  any  ballot  shall  have  any  mark  or 
figure  on  the  outside  thereof,  intended  to  distinguish  one  ballot  from 
another,  it  shall  be  rejected.  The  ballots  shall,  wdien  the  count  is 
finished,  be  placed  in  the  ballot  box,  and  sealed  up  and  returned  to 
the  City  Clerk  with  the  returns.  The  list  of  rejected  votes,  and  the 
rejected  ballots,  shall  also  be  sealed  up  in  a  separate  envelope  and 
placed  in  the  ballot  box  wTith  the  ballots. 

Sec.  16.  (June  23,  1860)  —  §15.  The  clerks  shall  each  make 
out  returns  of  the  election,  by  writing  in  full  the  name  of  each  person 
voted  for,  the  number  of  votes  received  by  him,  and  the  office  for 
which  he  was  voted  for.  The  returns  may  be  in  the  following  form : 

u  At  an  election  held  at - ,  in  the  - - ward  of  the  City  of 

Champaign,  on - the  —  day  of - ,  186 — ,  the  following 

named  persons  received  the  number  of  votes  set  opposite  to  their 
respective  names ,  for  the  following  described  offices,  t<o  wit : 

A.  B.  had  one  hundred  votes  for  Mayor ; 

C.  D.  had  ninety -nine  votes  for  Mayor  ; 

( and  so  on  through  the  whole  list  of  officers  voted  for.) 

Certified  by  us  at  Champaign,  this  —  day  of  — - ,  186 — .. 

A.  B.,1 

C.  I).,  Judges.. 

E.  F.,  I 

Sec.  17.  (June  23,  1860)  —  §  16.  Upon  completing  the  returns, 
the  judges  shall  inclose  them  in  twro  envelopes,  with  a  poll  list  in  each, 
and  shall  seal  and  direct  them  to  the  u  City  Clerk  of  the  City  of 
Champaign,”  marked  “election  returns.”  The  judges  shall  then 
choose  one  of  their  number,  who  shall  deliver  one  of  the  returns,  with 
the  ballot  box  and  ballots,  to  the  City  Clerk,  within  three  days.  The 
.other  shall  be  given  to  another  of  the  judges,  who  shall  keep  it  for  at 


G.  H.,  \  0lerks_ 

I.  J.,  J 


€ily[\  5. 


Election's, 


least  one  year.  If  any  judge  of  elections,  chosen  to  deliver  the 
returns,  ballot  box  and  ballots  to  the  City  Clerk,  shall  not  deliver  the 
same  safely,  with  the  seal  unbroken,  within  three  days  after  the  elec¬ 
tion,  he  shall  be  subject  to  a  penalty  of  not  less  than  fifty  dollars. 

Sec.  18.  (June  23,  I860)  —  §  17,  When  all  the  returns  shall  he 
tiled  with  the  City  Clerk,  he  shall,  without  delay,  notify  the  Mayor, 
or  any  two  Aldermen,  thereof,  who  shall  immediately  call  a  meeting 
of  the  City  Council.  The  City  Clerk,  in  the  presence  of  the  City 
Council,  shall  open  the  several  returns  and  canvass  the  same,  and, 
when  finished,  the  City  Council  shall  declare  the  result,*  and  the  Clerk 
shall  enter  the  same  at  full  upon  the  journals,  naming  each  person 
voted  for,  the  number  of  votes  he  received,  for  what  office,  and  who  is 
elected. 

Sec.  19.  (June  23,  1860) — §  18.  When  two  or  more  candidates- 
shall  have  an  equal  number  of  votes  for  Mayor,  the  judges  of  election 
shall  certify  the  same  to  the  City  Council,  who  shall  proceed  to  deter¬ 
mine  the  same  by  lot,  in  their  presence,  in  the  manner  following: 
There  shall  be  placed  in  a  ballot  box  as  many  folded  ballots  as  there 
are  persons  having  an  equal  number  of  votes.  On  one  of  the  ballots 
the  name  of  the  office  for  which  the  candidates  wrnre  voted  for  shall 
be  written,  and  the  other  ballot  shall  have  some  other  word  written 
upon  it.  The  candidates  shall  then  each  draw  one  ballot,  and  the 
candidate  drawing  the  ballot  on  which  the  name  of  the  office  is  written 
shall  be  declared  elected.  And  when  two  or  more  persons  shall  have 
an  equal  number  of  votes  for  Aldermen,  the  judges  of  election  shall 
certify  the  same  to  the  Mayer,  who  shall  determine  the  same  by  lot. 
in  the  same  manner  as  is  above  provided  in  case  of  a  tie  between  twe 
or  more  candidates  for  Mayor,  and  the  candidate  drawing  the  ballot 
on  which  the  name  of  the  office  is  written  shall  be  declared  elected. 
If  any  candidate  shall  be  absent,  or  shall  refuse  to  draw  a  ballot,  the 
City  Council  or  Mayor,  as  the  case  may  be,  shall  appoint  one  of  the 
Aldermen  elected  to  draw  for  such  candidate. 

Sec.  20.  (June  23,  1860)  —  §  19.  The  City  Clerk  shall,  within 
three  days,  after  any  person  is  declared  elected  to  any  office,  deliver 
to  the  Marshal  a  written  notice,  directed  to  the  person  elected,  notify¬ 
ing  him  of  his  election,  naming  the  office  to  which  he  has  been 
declared  elected,  and  requesting  him  to  qualify  within  twenty  days 
after  such  notice.  The  Marshal  shall,  without  delay,  deliver  the 
notice  to  the  person  to  whom  it  is  directed. 

Sec.  21.  (June  23,  1860)  —  f  20.  The  City  Marshal,  and  all 
other  police  officers,  shall  attend  at  all  elections  for  the  purpose  of 
maintaining  order  and  keeping  the  peace.  The  judges  shall  maintain 
order  at  the  polls,  and  may  command  any  police  officer  in  attendance 
to  arrest  any  person  who  shall  disturb  the  peace  by  riotous  or  disor¬ 
derly  conduct.  Any  person  who  shall,  at  the  polls,  break  or  disturb 
the  peace,  or  conduct  himself  in  a  riotous  or  disorderly  manner,  shall 
be  subject  to  a  penalty  of  not  less  than  five  dollars- 

*See  Pooplo  i'.«.  KillduiT,  15  Ill.,  500. 


Chap.  5. 


73 


Elkctiovu. 


Sec.  22.  (June  23,  1860) — •§  21.  If  any  person  shall  illegally 
vote,  or  attempt  to  vote,  at  any  election ;  or,  being  a  legal  voter,  shall 
vote,  or  attempt  to  vote,  a  second  time  at  the  same  election ;  or  shall 
knowingly  vote,  or  attempt  to  vote,  more  than  one  ballot  at  any  elec¬ 
tion,  he  shall,  in  each  case,  be  subject  to  a  penalty  of  not  less  than 
twenty-five  dollars. 

Sec.  23.  (June  23,  1860)  —  §  22.  Whoever  shall  aid,  abet  or 
encourage  any  person  to  vote,  or  attempt  to  vote,  illegally  at  any  elec¬ 
tion,  shall  be  subject  to  a  penalty  of  not  less  than  fifty  dollars. 

Sec.  24.  (June  23,  1860)  —  §  23.  Any  judge  of  elections  wrho 
shall  refuse  to  receive  the  vote  of  any  legal  voter,  who  shall  take,  or 
offer  to  take,  the  oath  herein  required,  unless  there  shall  be  evidence 
satisfactory  to  a  majory  of  such  judges  that  the  vote  of  such  person  is 
clearly  illegal,  or  who  shall  receive  the  vote  of  any  person  challenged 
who  shall  refuse  to  take  the  oath  herein  required,  shall,  in  each  case, 
be  subject  to  a  penalty  of  not  less  than  twenty-five  dollars. 

Sec.  25.  (June  23,  1860)  —  §  24.  Any  judge  or  clerk  of  elections, 
who  shall  knowingly  admit  or  receive  any  illegal  vote,  or  shall  know¬ 
ingly  permit  any  person  to  vote  more  than  once  at  the  same  election, 
or  to  vote  more  than  one  ballot,  or  shall  be  guilty  of  fraud,  corruption, 
partiality  or  manifest  misbehavior  in  the  discharge  of  the  duties 
required  of  him,  or  shall  willfully  neglect  or  refuse  to  discharge  or 
perform  any  duty  herein  required,  shall,  in  each  case,  be  subject  to  a 
penalty  of  not  less  than  twenty-five  dollars. 

Sec.  26.  (June  23,  1860)  —  §25.  Whoever  shall,  at  any  elec¬ 
tion,  by  force  seize,  or  attempt  to  seize  and  carry  away,  any  ballot 
box  or  poll  list,  shall  be  subject  to  a  penalty  of  not  less  than  fifty 
dollars. 

Sec.  27.  (June  23,  1860)  —  §  26.  If,  at  any  election,  any  ballot 
box  shall  be  carried  away  or  destroyed,  so  that  the  ballots  therein 
cannot  be  counted,  the  election  shall  be  void,  and  the  City  Council 
shall  order  a  new  election. 

Sec.  28.  (June  23,  1860)  —  §  27.  Any  candidate  for  any  elective 
office,  who  shall  desire  to  contest  the  validity  of  any  election,  or  the 
right  of  any  person,  declared  elected,  to  hold  the  office  to  which  he 
claims  the  right,  shall,  within  ten  days  after  the  election,  give  notice 
of  his  intention,  in  writing,  to  the  person  whose  election  he  intends  to 
contest ;  or,  if  such  person  cannot  be  found,  he  shall  leave  a  similar 
notice  at  his  usual  place  of  residence,  stating  in  such  notice  the 
specific  reasons  for  which  his  election  will  be  contested.  He  shall 
also  notify  the  City  Clerk  of  his  intention  to  contest  such  election,  by 
filing  a  copy  of  such  notice  with  him;  and  the  City  Clerk  shall  not, 
after  the  filing  of  the  notice  with  him,  issue  any  certificate  of  election 
to  the  person  wdiose  election  is  contested.  The  City  Clerk  shall 
report  such  notice  to  the  next  meeting  of  the  City  Council,  and  the 
City  Council  shall  fix  a  time  for  the  hearing  and  examining  into  such 
contest  within  thirty  days,  and  at  the  time  specified  shall  hear  and 
examine  all  the  testimony,  under  oath  if  required,  which  may  be 


Chap.  6, 


74 


Elections. 


offered  by  both  parties  touching  the  case,  and  shall  determine  who  is 
entitled  to  the  place  contested  by  a  vote,  upon  a  call  of  the  “yeas” 
and  “nays,”  and  the  City  Clerk  shall  enter  the  determination  at  full 
upon  the  journal. 

Sec.  29.  (June  23,  1860)  —  §  28.  If  the  election  to  the  office  of 
Mayor  is  contested,  and  the  person  whose  election  is  contested  is  in 
possession  of  the  office,  the  City  Council  shall  choose  one  of  their 
number  as  presiding  officer  until  the  contest  shall  be  determined. 

Sec.  30.  (June  23,  1860)  —  §29.  The  Mayor,  or  presiding  officer 
•of  the  City  Council,  shall  issue  warrants  (under  the  corporate’seal,  if 
any,)  for  all  witnesses  that  may  be  required,  and  deliver  the  same  to 
the  City  Marshal,  who  shall  serve  the  same  by  reading,  or  by  delivery 
of  a  copy  thereof  to  the  person  summoned,  and  shall  make  return  in 
what  manner  he  has  executed  the  same ;  and  any  person  who  shall 
neglect  or  refuse  to  appear,  or  to  testify  when  so  required  and  sum¬ 
moned,  shall  be  subject  to  a  penalty  of  not  less  than  twenty-five  dol¬ 
lars,  and  may  be  compelled  to  appear  or  to  testify  in  any  other  legal 
manner.  When  any  witness  may  be  unable  to  attend,  from  sickness 
or  other  cause,  or  is  beyond  the  jurisdiction  of  the  City  Council,  his 
deposition,  taken  in  accordance  with  the  laws  of  the  State,  may  be 
read  in  evidence. 


Chap.  6, 


*o 


Fjkb  Department, 


CHAPTER  VI. 


Fire  Department. 


AN  ORDINANCE  Organizing  the  Fire  Department. 


I. 

II. 

II. 

III. 
III. 

III. 

IV. 
Y. 
Y. 

Y. 

YI. 

VII. 

mi. 


IX. 


IX. 

X. 

XI. 


Fire  Department 1  who 
Members  of. 

Fire  Engines ,  etc.,  to  be 
Procured  hove. 

Fire  Engines ,  Kept  in  Re¬ 
pair ,  how. 

The  Mayor ,  his  Duties 
etc.,  herein. 

To  Report  Quarterly  Con¬ 
dition  of  Apparatus. 

To  Report  Condition  of 
Fire  Companies. 

Who  to  Command  at  Fires. 


XII. 

XIII. 

XIY. 

XIV. 

XV. 

XVI. 

XVI. 

XYI. 


Marshal, his  Duty  at  Fires. 

Supervisor,  his  Duty  at 
Fires. 

Neglecting  Duty,  Penalty 

of- 

Fire  Companies,  how  Com¬ 
posed,  Duties  of. 

Fire  Alarm,  how  Proceed. 

Fire  Apparatus  not  to  be 
Used  for  Private  Pur¬ 
poses. 

Fire  Companies,  Members 
Exempt  from  Street-  La¬ 
bor,  when. 

Duty  of  Mayor  and  Com¬ 
panies  herein. 

Clerk  to  Keep  Register  of. 

Fires ,  Buildings  may  be 
Torn  Doivn  at. 

Fires ,  City  Officers  may 
Require  Bystanders  to 
Work  at. 


XVII. 

XVIII. 

XVIII. 

XIX. 

XX. 

XXI. 

XXII. 

XXIII. 

XXIII. 

XXIV. 

XXV. 

XXVI. 

XXVI. 


Fires,  Persons  Disorderly 
at.  Penalty  of. 

Trespassing  or  Stealing 
at,  to  be  Arrested. 

Limits  about  Workmen  at. 

Fires,  Guards  Appointed 

at,  Powers  of. 

Lnjuring  Fire  Apparatus, 
Penalty  oj, 

Stoves  and  Stove  Pipe, 
how  Put  up. 

Chimneys ,  how  Built. 

Penalties  herein. 

Lighted  Candle,  not  to  be 
Used ,  where. 

Shops  to  be  Cleaned  out. 

Shops,  Fires  and  Lights 
in,  hoiv  Used. 

Carrying  Coals,  how. 

Depositing  Ashes,  how. 

Burning  Shavings,  how. 

Boiling  Tar  and  LJitch, 
etc.,  how. 

Fires  in  Buildings,  how 
Managed. 

Out  Door  Fires ,  when  Per¬ 
mitted. 

Burning  out  Chimneys 
when . 

Scattering  Shavings  Pro¬ 
hibited. 

Fire  Wardens,  who,  and 
their  Duty. 

Examination  of  Buildings 
when  a?ul  how  made. 


*  Section  1.  (Jan.  19,  I860) — §  1.  Be  it  ordained  by  the  City 
Council  of  the  City  of  Champaign,  That  the  Fire  Department  of  the' 
City  of  Champaign  shall  consist  of  the  Mayor,  the  Aldermen,  the 
City  Marshal  and  Police  Constables,  a  Chief  Engineer,  and  such 
assistant  engineers  and  members  of  organized  fire  companies  as  mayr 
from  time  to  time,  be  appointed  and  confirmed  by  the  City  Council* 


*See  Art.  X..  Charter,  and  j}  0,  Art.  4,  of  ?am«. 


Chap.  6. 


7fi 


Fire  Department 


Ibid.  Sec.  2.  The  City  Council  shall,  from  time  to  time,  procure 
the  necessary  hooks,  ladders,  buckets,  engines,  hose,  and  other  fire 
apparatus  for  the  use  of  the  Fire  Department,  and  shall  provide  con¬ 
venient  places  for  the  safe  keeping  thereof;  and  such  fire  apparatus 
shall  be  kept  in  the  best  order  for  immediate  use,  by  the  officer,  person 
or  company  having  charge  thereof,  who,  when  any  such  apparatus 
may  need  repairs,  shall,  without  delay,  notify  the  Mayor  thereof,  and 
he  shall  thereupon  cause  all  necessary  repairs  to  be  made.* 

Ibid.  Sec.  3.  The  Mayor,  or,  in  his  absence,  the  Chairman  of 
the  Committee  on  Fire  and  Water,  shall  have  and  exercise  a  general 
supervision  over  the  Fire  Department,  and  shall  report  to  the  City 
Council  quarterly,  at  their  regular  meetings  in  April,  July,  October 
and  January,  of  each  municipal  year,  or  oftener  if  necessary,  or 
required  by  the  City  Council,  the  condition  of  the  hooks,  ladders, 
buckets,  engines,  hose  and  other  fire  apparatus,  which  may  belong  to 
the  Fire  Department  and  of  the  buildings  in  which  they  may  be  kept, 
and  shall  recommend  such  additions,  improvements  or  alterations  as 
maybe  deemed  expedient  or  necessary;  he  shall  also  examine  into  the 
condition  of  such  fire  company  or  companies  as  may  belong  to  the  Fire 
Department,  and  report  whether  their  organization  is  efficiently  pre¬ 
served  ;  he  shall  also,  from  time  to  time,  report  the  names  of  such 
persons  as  may  have  been  admitted  members  of  any  organized  fire 
company,  for  confirmation  by  the  City  Council,  the  names  of  such 
officers  or  members  of  the  Fire  Department  as  have  disobeyed  orders, 
or  neglected  or  refused  to  perform  any  duty  required  of  them. 

Ibid.  Sec.  4.  The  Chief  Engineer  of  the  Fire  Department,  or, 
in  his  absence,  the  Assistant  engineer  who  may  first  be  in  attendance 
at  any  fire,  shall  take  the  command,  and  all  officers  and  members  of  the 
Fire  Department,  and  all  bv-standers,  shall  observe  and  obey  the 
orders  and  directions  of  the  officer  in  command. 

Ibid.  Sec.  5.  The  City  Marshal,  and  all  other  police  officers  of 
the  city,  shall  be  present  at  each  fire  without  delay,  and  remain  there 
during  the  continuance  of  such  fire  (unless  required  to  leave  in  the 
performance  of  their  official  duties),  and  assist  in  extinguishing  the 
fire  and  in  preserving  and  protecting  property,  and  shall  perform  gen¬ 
eral  police  duty.  The  Supervisor  shall  also  attend  each  fire,  and  shall, 
ns  far  as  in  his  power,  preserve  and  protect  any  planked  street,  alley 
or  sidewalk  from  injury.  If  the  Marshal,  the  Supervsior,  or  any 
police  officer  shall  neglect  to  attend  at  any  fire,  except  for  good 
cause,  or  shall  refuse  or  willfully  neglect  to  perform  any  duty  herein 
required  of  him,  he  shall  be  subject  to  a  penalty  of  not  less  than  five 
dollars. 

Ibid.  Sec.  6.  The  firemen  may  be  divided  into  companies  of 
engine-men,  hosemen,  hook-and-ladder-men  and  bucketmen.  Each 
company  may  adopt  such  organization  and  choose  such  officers,  subor¬ 
dinate  to  the  ordinances  of  the  city,  as  may  be  deemed  best  calculated 
efficiently  to  accomplish  the  objects  and  puposes  contemplated,  and 

^•See  Charter,  g  3,  Art.  10,  and  \  6  of  Amendment*. 


Chai*.  6. 


Fire  Department. 


<  i 


may  be  composed  of  not  le3S  than  thirty,  nor  more  than  sixty,  active 
members,  or  such  other  number  as  the  City?'  Council  may,  from  time  to 
time,  prescribe.  The  several  fire  companies  shall  have  charge  and  cus¬ 
tody  of  such  hooks,  ladders,  buckets,  engines,  or  other  fire  apparatus, 
as  may  be  delivered  to  them,  and  of  the  room  or  rooms  in  which  the 
same  may  be  kept;  and  shall  cause  all  such  fire  apparatus  to  be  kept 
and  preserved  in  the  best  manner  for  immediate  use. 

Ibid.  Sec.  7.  Upon  any  alarm  of  fire,  the  different  fire  compa-*- 
nies,  under  the  command  of  their  proper  officers,  shall  repair  to  the 
place  of  the  fire,  with  the  appropriate  fire  apparatus,  and  there  work 
and  manage  the  same,  under  the  direction  of  the  officer  in  command, 
or,  in  his  absence,  place  and  manage  the  same  in  the  most  effectual 
manner,  until  the  fire  is  extinguished.  No  fire  company  shall  leave 
any  fire,  or  shall  remove  their  fire  apparatus  therefrom,  without  the 
order  or  permission  of  the  officer  commanding ;  and  when  the  same  is 
given,  shall  return  such  apparatus,  in  good  order,  to  the  proper  place 
of  deposit. 

Ibid.  Sec.  8.  No  person  shall  use  any  fire  apparatus  for  any 
private  purpose,  nor  shall,  without  authority,  remove  the  same  from 
the  proper  place  of  deposit  thereof,  under  a  penalty  of  not  less  than 
five  dollars;  no  person,  having  charge  of  any  fire  apparatus,  shall 
permit  the  same  to  be  used  for  any  private  purpose,  under  a  penalty 
of  not  less  than  five  dollars,  beside  being  personally  liable  for  all  dam¬ 
ages  that  may  occur  thereby. 

Ibid.  Sec.  9.  The  active  and  working  members  of  any  fire 
company  shall  be  exempt  from  serving  upon  any  jury,  and  working 
upon  the  streets,  alleys,  roads  or  highways  of  the  city,  and  from  pay¬ 
ing  tax  in  lieu  of  such  labor.  Each  company  shall,  from  time  to  time, 
cause  to  be  returned  to  the  Mayor,  to  be  reported  by  him  to  the  City 
Council,  the  names  of  persons  who  have  been  admitted  members  of 
such  company,  and  also  the  names  of  such  persons  as  have  been  dis¬ 
missed  from  or  ceased  to  be  members  of  any  such  company;  and  each 
company  shall,  on  the  first  Monday  of  May,  annually,  cause  to  be 
returned  to  the  Mayor,  to  be  reported  by  him  to  the  City  Council,  a 
correct  list  of  all  the  active  and  working  members  then  actually 
belonging  to  such  company.  The  City  Clerk  shall  keep  a  register 
of  the  names  of  the  active  and  working  members  of  any  fire  company ; 
and  the  evidence,  to  entitle  any  member  to  the  exemption  herein 
named,  shall  be  the  Clerk's  certificate,  under  the  corporate  seal,  for 
the  year  for  which  the  exemption  is  claimed,  which  certificate  shall  be 
issued  free  of  cost  to  each  person  entitled  to  such  exemption.* 

Ibid.  Sec.  10.  The  officer  in  command  at  any  fire  may  direct 
the  tearing  down,  removal  or  destruction,  by  any  proper  means,  of  any 
building,  fence  or  erection,  when  he  shall  deem  it  necessary  for  the 
purpose  of  checking  the  progress  of  the  fire. 

Ibid.  Sec.  11.  The  Mayor,  or  any  Alderman,  the  Marshal,  the 

•/  *  _  «/  ' 

Chief  Engineer,  or  any  Assistant  Engineer,  or  tin4  officer  commanding 

O  '  *•'  O  *  vJ 


Charter,  ?  -4.  Art.  X, 


©HAP.  6. 


F  IRK  D  Epa  r  t  m  e  K  f  » 


78 


any  fire  company,  may  require  all  by-standers,  and  all  male  persons- 
in  the  city,  to  aid  in  drawing  or  conveying  any  engine,  hook  and  lad¬ 
der  carriage,  or  other  fire  apparatus,  to  any  fire,  or  to  aid  in  managing 
or  working  the  same  during  any  fire,  or  otherwise  to  assist  in  extin¬ 
guishing  the  fire,  or  in  removing,  guarding  or  protecting  property;; 
and  any  person  who  shall  neglect  or  refuse  so-  to  aid  and  assist,  when 
so  required,  shall  he  subject  to  a  penalty  of  not  less  than  three  dollars* 
unless  such  person  shall  be  physically  unable  to  comply  with  suck 
requirement. 

Ibid.  Sec.  12.  Whoever  shall,  at  any  fire,  willfully  hinder,  delay'* 
resist  or  obstruct  any  officer,  fireman  or  other  person,  in  the  discharge 
of  his  duty,  or  shall  neglect  or  refuse  to  obey  and  observe  the  lawful 
commands  of  any  officer,  or  shall  conduct  himself  in  a  riotous  or 
disorderly  manner,  shall,  in  each  case,  be  subject  to  a  penalty  of  not 
less  than  five  dollars. 

Ibid.  Sec.  13.  The  Mayor,  or  any  Alderman,  or  other  officer 
belonging  to  the  Fire  Department,  may,  and  the  Marshall  and  other 
police  officers  shall,  during  any  fire,  arrest  any  person  stealing  or 
trespassing  upon  any  property,  and  any  person  suspected  of  so  doing,, 
and  any  person  hindering,  resisting  or  obstructing  any  officer  or  other 
person  in  the  discharge  of  his  duty,  or  neglecting  or  refusing  to  obey 
the  lawful  commands  of  any  officer,  or  conducting  himself  in  a  riotous 
or  tumultuous  manner,  and,  if  necessary,  detain  him  or  her  in  custody* 
or  commit  him  or  her  so  arrested  for  examination,  until  he  or  she  can 
be  brought  before  a  competent  court  or  magistrate. 

Ibid.  Sec.  14.  The  commanding  officer  may,  during  any  fire,, 
prescribe  the  limits,  in  the  vicinity  thereof,  within  which  no  person 
not  residing  therein,  nor  connected  with  fhe  Fire  Department,  ner 
usefully  employed  in  aiding  in  the  extinguishment  of  the  fire,  or  in 
protecting  property,  shall  be  permitted  to  come,  under  a  penalty  of 
not  less  than  three  dollars;  and  the  Marshal,  and  all  police  and  other 
officers  shall  aid  in  executing  the  requirements  of  this  section.  The 
City  Marshal  may,  when  necessary,  with  the  concurrence  of  the 
Mayor  or  two  Aldermen,  appoint,  as  property  guards,  such  number 
of  known  and  reputable  citizens  of  the  city  as  may  be  necessary  to 
the  guarding,  protecting  and  preserving  of  property  at  any  fire,  and 
the  persons  so  appointed  shall  have  and  possess  the  same  powers  as 
police  officers,  during  the  time  they  shall  so  act;  and  the  Marshal 
shall  return  a  list  of  such  persons  to  the  City  Council,  and  they  shall 
be  entitled  to  receive  such  reasonable  compensations  as  the  City  Coun¬ 
cil  may  allow. 

Ibid.  Sec.  15.  Whoever  shall  willfully,  maliciously  or  negli¬ 
gently  break,  deface,  or  destroy,  or  otherwise  injure  any  fire  engine, 
or  other  fire  apparatus  belonging  to  the  city,  or  to  any  fire  company, 
shall  be  subject  to  a  penalty  of  not  less  than  twenty-five  dollars,  and, 
in  addition  thereto,  the  expenses  which  may  be  incurred  in  repairing 
injuries  committed  shall  be  added  to  the  penalty  and  form  a  part 
thereof. 


rn\p.  f>. 


Fire  Department, 


7‘) 


Precautionary  II emulations. 

Ibid.  Sec.  16.  All  stove  pipes  shall  be  securely  put  up,  so  as 
not  to  be  in  danger  of  falling,  and  shall  be  separated,  at  least  three 
inches,  from  any  wood  or  other  combustible  materials,  by  a  double 
circle  of  tin,  zinc  or  sheet-iron,  connected  with  like  metal,  with  air 
holes  through  the  connecting  metal  between  the  pipe  and  the  wood. 
All  stoves,  put  up  or  used  without  secure  aprons  or  hearths,  shall  be 
placed  upon  a  platform  of  brick,  zinc,  or  other  incombustible  material, 
extending  far  enough  around  the  same  to  prevent  the  fire  from  falling 
upon  the  floor,  and  if  set  within  eighteen  inches  of  the  wood  work  of 
any  wall,  the  same  shall  be  protected  with  zinc  or  other  incombustible 
covering,  so  as  effectually  to  prevent  taking  fire  from  the  stove.  All 
chimneys  or  hues  shall  be  built  of  brick  or  stone,  well  laid  in  mortar, 
and  shall  be  constantly  kept  in  good  condition,  so  as  to  be  safe  and 
secure  against  fire.  Whoever  shall  put  up,  erect  or  build  any  stove, 
stove  pipe,  chimney  or  flue,  contrary  to  the  requirements  of  this  sec¬ 
tion,  shall  be  subject  to  a  penalty  of  not  less  than  three  dollars,  and  who¬ 
ever  shall  use  any  such  stove,  stove  pipe,  chimney  or  flue,  so  put  up  or 
erected  contrary  to  the  requirements  of  this  section,  shall  be  subject 
to  a  penalty  of  not  less  than  three  dollars,  and  one  dollar  in  addition 
thereto  for  each  day  the  same  may  be  so  used,  after  notice,  either 
verbally  or  in  writing,  by  the  Mayor,  or  any  Alderman,  or  the  City 
Marshal,  or  any  Police  Constable  of  said  city,  that  such  stove,  stove 
pipe,  chimney  or  flue,  is  put  up,  built  or  erected  contrary  to  the  pro¬ 
visions  of  the  ordinances  of  said  city.* 

Ibid.  Sec.  IT.  No  person  shall  carry  or  use  any  lighted  candle 
or  lamp,  or  any  fire  in  any  part  of  any  building  or  stable,  where  any 
hay,  straw,  or  other  like  combustible  materials  are  kept,  without 
securing  the  same  in  a  lantern  or  some  secure  casing,  so  as  not  to 
endanger  the  taking  fire  thereby,  under  a  penalty  of  not  less  than 
three  dollars. 

Ibid  Sec.  18.  All  mechanics  or  other  persons,  using  or  occupy¬ 
ing  shops,  buildings,  or  places  where  shavings  or  other  like  combustible 
materials  are  made  or  accumulated,  shall  clear  out  and  remove  such 
combustible  materials  from  the  buildings,  shops,  places,  and  the  prem¬ 
ises  adjacent  or  attached  thereto,  as  often  as  may  be  necessary  to 
prevent  the  dangerous  accumulation  thereof.  The  stove  or  stoves 
used  in  any  such  shop  or  building  shall  be  set  in  a  box  or  frame, 
extending  at  least  six  inches  above  the  floor,  and  at  least  eight  inches 
around  and  outside  of  the  stove,  and  filled  or  lined  with  fire-proof 
material;  all  lighted  candles  or  lamps,  used  in  any  such  shops  or 
buildings,  shall  be  set  in  a  candlestick  or  stand 'not  liable  to  take  fire, 
and  all  such  lights  shall  be  kept  at  a  secure  distance  from  any  combus¬ 
tible  material.  No  person  shall  leave  any  such  light  or  fire  burning 
in  any  such  buildings  in  such  manner  or  for  such  length  of  time 
that  the  same  may  be  in  danger  of  communicating  the  fire  to  any  part 
of  such  shop  or  building,  or  such  shavings  or  other  like  combustible 


Charter,  §§  1  arid  2,  Art.  X. 


Chap.  f> 


80 


Fire  Department. 


material.  Whoever  shall  violate  any  of  the  provisions  of  this  section 
shall  be  subject  to  a  penalty  of  not  less  than  three  dollars. 

I  bid.  Sec.  19.  No  person  shall  carry,  from  one  place  to  another  7 
any  fire,  or  live  or  burning  coals,  without  securing  the  same  in  such  a 
manner  as  to  prevent  the  coals  or  sparks  from  falling  therefrom,  and 
so  as  not  to  endanger  any  building  or  property  thereby,  under  a  pen¬ 
alty  of  not  less  than  three  dollars. 

Ibid.  Sec.  20.  No  person  shall  keep  or  depost  any  ashes  in  any 
building,  or  in  any  place  within  twenty  feet  of  any  building,  shed  or 
fence,  or  other  combustible  material,  unless  wflthin  a  secure  and  covered 
metallic  or  earthenware,  or  other  fire-proof  vessel,  or  in  a  fire-proof 
ash-house,  under  a  penalty  of  not  less  than  three  dollars ;  and  all  soap 
boilers,  or  other  persons  using  ashes  in  manufacture  in  any  wooden 
vessel  or  structure,  shall  keep  them  wTell  dampened  or  saturated  with 
water,  under  a  penalty  of  not  less  than  three  dollars.* 

Ibid.  Sec.  21.  No  person  shall  set  fire  to  or  burn  any  shavings, 
straw  or  other  material,  in  any  open  or  public  place  in  the  city,  except 
in  the  dav  time,  nor  then  unless  the  condition  of  the  wind  and  weather 
be  such  that  such  fire  will  not  be  likely  to  endanger  or  damage  any 
building,  or  other  property,  nor  within  thirty  feet  of  any  building, 
under  a  penalty  of  not  less  than  three  dollars:  Provided ,  that  bon¬ 
fires  may  be  built,  in  the  night  time,  at  any  safe  and  proper  place 
within  the  city,  by  consent  of  the  Mayor,  any  Alderman,  or  the  City 
Marshal, 

Ibid.  Sec.  22.  No  person  shall  boil  any  pitch,  rosin,  tar,  or 
other  inflammable  liquid  or  substance,  ecxept  within  a  building  so 
secured  as  not  to  be  endangered  if  such  pitch,  rosin,  tar,  or  other  com¬ 
bustible  material,  shall  take  fire,  or  in  any  open  place,  at  least  twenty 
feet  distant  from  any  building  or  property  likely  to  be  endangered  or 
damaged  thereby,  under  a  penalty  of  not  less  than  three  dollars. 

Ibid.  Sec.  23.  No  person  shall  make,  kindle  or  use  any  fire  in 
any  building,  out-building,  shed,  or  other  structure,  except  within  a 
secure  fire-place,  stone  furnace  or  other  fire-proof  structure,  made  for 
that  purpose;  nor  shall  any  person  make,  kindle  or  use  any  fire  out 
of  doors,  within  twenty  feet  of  any  building  or  other  property  likely 
to  be  endangered  thereby,  unless  within  a  proper  stone  furnace  or 
other  secure  structure,  nor  leave  any  such  fire  burning.  Each  person 
violating  the  provisions  of  this  section  shall  be  subject  to  a  penalty  of 
not  less  than  three  dollars. 

Ibid.  Sec.  24.  No  person  shall  set  fire  to  or  burn  out  any  chim¬ 
ney,  flue  or  stove  pipe,  except  in  the  day  time,  nor  then  when  the  wind 
or  weather  may  be  such  as  to  endanger  other  buildings  or  property, 
and  the  person  or  persons  occup}dng  any  building  shall  prevent  and 
remove  all  dangerous  accumulations  of  soot,  under  a  penalty  of  not 
less  than  three  dollars. 

Ibid.  Sec.  25.  No  person  shall  trail,  strew  or  leave  any  shavingsT 
or  other  like  combustible  materials,  in,  around  or  near  any  building  or 

*  Sca  Charter,  \\  3,  £  2,  Art..  X. 


Chap.  7. 


81 


Pirk  Limits 


property,  so  as  to  endanger,  or  be  likely  to  endanger  or  damage  the 
same  thereby,  under  a  penalty  of  not  less  than  three  dollars. 

I  bid.  Sec.  26.  The  Mayor,  the  Aldermen,  the  City  Marshal  and 
Police  Constables,  shall  be,  ex  officio ,  Fire  Wardens,  and  they  and  the 
Chief  Engineers  and  Assistant  Engineers  of  the  Fire  Department 
shall  have  power  and  authority  to  enter  all  buildings  and  premises,  to 
examine  whether  they  are  in  a  safe  condition ;  and  shall  enforce,  or 
cause  to  be  enforced,  all  the  provisions  hereof,  and  shall  prosecute,  or 
cause  to  be  prosecuted,  all  violations  of  the  provisions  hereof;  the 
Chief  Engineer,  or  one  of  the  Assistant  Engineers  of  the  Fire  Depart¬ 
ment,  shall,  whenever  requested  by  the  City  Council  or  the  Mayor, 
carefully  examine  any  and  all  buildings  within  the  city,  and  shall 
notify  the  owner  or  owners,  occupant  or  occupants,  thereof,  to  cause 
any  chimney,  flue,  stove,  stove  pipe,  furnace,  ash-house,  or  other  place 
in  which  fire  may  be  used  or  kept,  which  may  be  deemed  unsafe  or 
dangerous,  or  any  other  cause  from  which  immediate  danger  of  fire 
may  be  apprehended,  or  which  may  be  deemed  unsafe  or  dangerous  in 
promoting  fires,  to  be  without  delay  removed,  abated  or  placed  in  a 
safe  condition,  and  upon  the  neglect  or  refusal  of  any  owner  or  occu¬ 
pant  to  comply  with  such  notice,  he  shall  be  subject  to  a  penalty  of  not 
less  than  three  dollars,  and  the  officer  shall,  without  delay,  cause  such 
building  or  premises  to  be  placed  or  put  in  a  safe  condition,  and  the 
necessary  costs  of  so  doing  shall  be  collected  of  such  owner  7or  occu¬ 
pant,  and  recovered  by  suit,  in  the  name  of  the  city,  before  any  court 
having  jurisdiction. 


CHAPTER  VII. 
Fire  Limits. 


AN  ORDINANCE  Establishing  Fire  Limits. 


t.  Fire  Limits ,  Boundaries  De¬ 
fined. 

II.  Frame  Buildings  Prohibited  I 
therein. 

III.  Roofing  therein ,  of  what 

Made. 

IV.  Wooden  Buildings  therein , 

Enlargement  of  and  Re¬ 
moval  within  Prohibited. 


V. 


VI. 

VII. 


Violation  of  Provisions  here - 
of  Penalty  for  and  Pro¬ 
ceedings  in. 

Wooden  Building  within ,  a 
a  Nuisance  when ,  and 
Abatement  of  how. 

Repealing  Clause , 


SecTOx  1.  (July  12,  1871.)-— §  1.  Be  it  ordained  by  the  City 
Council  of  the  City  of  Champaign ,  That  all  that  part  of  the  City 
of  Champaign  included  within  the  following  boundaries :  Commencing 
at  the  center  of  Hill  street,  at  a  point  two  hundred  (200)  feet  west  of 

11 


Chap.  7. 


82 


Fire  Limits. 


the  west  side  of  Neil  street;  thence  south,  on  a  line  parallel  with  Neil 
street,  to  the  center  of  University  avenue ;  thence  east,  along  the 
center  of  University  avenue,  to  the  main  track  of  the  Illinois  Central 
Railroad  Company;  thence  northerly,  along  said  track,  to  a  point  two 
hundred  (200)  feet  north  of  a  line  with  the  north  side  of  Main  street ; 
thence  west,  on  a  line  parallel  with  said  Main  street,  to  the  center  of 
Neil  Street;  thence  north,  along  the  center  of  said  Neil  street,  to  the 
center  of  Hill  street;  thence  west,  along  the  center  of  said  Hill  street, 
to  the  place  of  beginning. 

Ibid .  Sec.  2.  That  hereafter  no  person  or  persons,  or  association 
of  persons,  or  body  corporate  of  any  description  whatsoever,  shall 
build  or  erect,  or  cause  to  be  built  or  erected,  within  the  fire  limits  of 
the  City  of  Champaign,  as  defined  in  section  one  of  this  ordinance, 
any  wooden  or  frame  store,  shop,  dwelling  house,  office,  livery  stable, 
or  any  other  wooden  or  frame  building,  of  what  kind  soever,  to  be 
used  for  the  carrying  on  of  any  business,  trade,  profession  or  occupa¬ 
tion,  within  said  fire  limits. 

Ibid .  Sec.  3.  That  the  roofing  of  all  buildings,  hereafter  to  be 
erected  within  said  fire  limits,  shall  be  made  of  incombustible  material ; 
and  the  use  of  shingles,  boards,  and  of  tarry  or  resinous  material,  for 
roofing  such  buildings,  within  said  fire  limits,  is  hereby  absolutely 
prohibited. 

Ibid.  Sec.  4.  No  wooden  building,  or  part  thereof,  within  said 
fire  limits,  shall  be  enlarged  or  removed  to  any  other  place  within  said 
limits ;  nor  shall  any  such  building  be  removed  from  without  into  said 
fire  limits. 

Ibid .  Sec.  5.  That  any  person  or  persons,  association  of  persons 
or  corporation,  who  shall  build  or  attempt  to  build,  or  cause  or  procure 
to  be  built,  or  aid  or  assist  in  building  any  such  prohibited  building, 
house  or  structure,  within  said  fire  limits,  or  who  shall  remove  or 
enlarge,  or  cause  to  be  removed  or  enlarged,  or  assist  in  removing  or 
enlarging,  any  such  prohibited  building,  in  violation  of  this  ordinance, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  forfeit  and  pay  to 
said  city  not  less  than  twenty  dollars,  for  each  and  every  offense,  and 
the  owner  or  owners  of  such  building  shall  be  deemed  guilty  of  a  mis¬ 
demeanor,  and  shall  forfeit  and  pay  a  like  sum  for  every  forty-eight 
hours  that  he,  she  or  they  shall  fail  to  remove  the  same  from  within 
said  fire  limits,  after  being  notified  by  the  Mayor  or  City  Marshal  so 
to  do :  Provided ,  that  anj^  such  building  in  part  destroyed  by  fire,  if 
the  damage  thereby  does  not  exceed  fifty  per  cent,  of  the  value  thereof, 
may  be  repaired,  said  damages  to  be  estimated  and  certified  to  under 
oath,  and  filed  with  the  City  Clerk,  by  three  disinterested  freeholders, 
residents  of  the  city — one  to  be  selected  by  the  owner  of  such  building, 
one  by  the  City  Council  of  said  city,  and  the  two  selected  to  select  a 
third. 

Ibid.  Sec.  6.  Any  wooden  building  or  structure  which  may  be 
erected,  enlarged  or  removed,  in  violation  of  this  ordinance,  shall  be 
deemed,  and  is  hereby  declared  to  be  a  nuisance,  and  it  shall  be  th 


Chap.  X. 


Gaming. 


duty  of  the  Mayor,  after  giving  ten  days  notice  to  the  owner  or  builder 
thereof,  to  abate  the  same,  and,  by  an  order  in  writing,  to  require  the 
City  Marshal  to  remove  the  same  to  some  suitable  place,  or  to  raze 
such  building  to  the  ground.  The  expense  of  the  removal  of  such 
building  shall  be  reported  by  the  City  Marshal  for  assessment,  and  may 
be  collected  off  of  the  owner  of  such  building  or  structure,  before  the 
Police  Magistrate  of  said  city,  or  other  competent  court,  in  the  corpo¬ 
rate  name  of  the  city. 

I  bid.  Sec.  7.  All  other  ordinances,  or  parts  thereof,  estab¬ 
lishing  or  concerning  fire  limits,  now  in  force  in  said  city,  are  hereby 
repealed.* 


CHAPTER  VIII. 

Gaming-  and  Counterfeiting  Implements. 

AN  ORDINANCE  in  Relation  to  Gaming  and  Counterfeiting  Imple¬ 
ments. 

I.  &  II.  Gaming  Implements  Seized  II.  Marshal ,  Duty  of. 

and  Destroyed ,  how.  II.  Police  Magistrate ,  Duty  of. 

Section  1.  (April  2,  1862.)  —  §  1.  Be  it  ordained  by  the  City 
Council  of  the  City  of  Champaign ,  That  the  Mayor,  or  any  Police 
Magistrate,  the  Marshal,  or  any  Police  Constable  or  other  police  officer, 
shall  seize  or  cause  to  be  seized  and  brought  before  any  Police  Magis¬ 
trate,  any  gaming  table,  implement,  instrument  or  device,  set  up  or 
used  for  the  purpose  of  gaming  therewith,  or  any  implements,  instru¬ 
ments  or  devices,  used  for  the  purpose  of  gaming,  or  for  counterfeiting, 
lock  picking,  pocket  picking,  or  for  the  commission  of  burglary,  or  any 
Mexican  puzzle,  or  other  implement  or  device  used  by  cheats,  vagrants 
and  swindlers,  and  in  the  possession  of  any  person  without  his  being 
able  to  give  a  good  account  of  the  possession  thereof ;  and  all  such 
instruments,  implements  or  devices  shall  be  destroyed  by  the  order 
or  warrant  of  any  Police  Magistrate,  upon  his  being  satisfied  that  they 
are  used,  or  to  be  used,  or  likely  to  be  used,  for  any  unlawful  pur¬ 
pose. 

Ibid.  Sec.  2.  Any  Police  Magistrate,  upon  satisfactory  inform¬ 
ation  that  any  gaming  table,  implement,  instrument  or  device,  is  set 
up  or  used  for  the  purpose  of  gaming  therewith,  and  concealed  in  any 
premises,  or  that  any  implements,  instruments  or  devices,  named  in 
the  preeding  section,  are  concealed  therein,  shall  issue  to  the  Marshal,  • 

or  other  police  officer,  a  warrant  for  searchng  such  premises,  and 
seizing  and  bringing  before,  or  reporting  to  him,  any  such  implements, 
instruments  or  devices  as  may  be  found  therein ;  and  the  officer,  in 
the  execution  of  such  warrant,  may  enter  such  suspected  premises, 
peaceably,  or,  after  demand  made  and  refusal  to  admit  him,  shall 

*  8p>  Chart*!-;  1.  Art.  X. 


Chap.  9. 


84 


Horses,  etc. 


seize  all  such  unlawful  tables,  implements,  instruments  or  devices,  and 
the  same  shall  be  destroyed,  by  order  or  warrant  of  any  Police  Magis¬ 
trate,  as  is  required  in  the  preceding  section;  and  whoever  shall 
hinder,  delay,  resist  or  obstruct  any  officer,  in  the  execution  of  any 
duty  herein  required,  or  shall  aid  or  abet  the  same,  shall  be  subject 
to  a  penalty  of  not  less  than  ten  dollars.* 


CHAPTER  IX. 
Horses  and  Other  Animals. 


AN  ORDINANCE  in  Relation  to  Plorses  and  Other  Animals. 


I.  Not  to  Run  at  Large ,  where. 

II.  Round ,  how  Provided. 

III.  Animals  Sold ,  ivhen  and 

how. 

IV.  Marshal ,  Fees  of. 

V.  “  Duty  of. 

V.  Animals  Sold ,  Money  Paid 
to  Owners. 

VI.  Animals ,  Sale  of,  who  may 
Bid. 

VII.  Marshal  may  Employ  As¬ 
sistants. 


VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 


Breaking  Open  Pound, Pen¬ 
alty  of. 

Driving  away  Animals, 
Penalty  of. 

Dangerous  Animal  at 
Large ,  Penalty  of. 

Neglect  of  Marshal,  Pen¬ 
alty  of  . 

Amends  Secs.  1^2,  above. 

Cows  7iot  to  Run  at  Large. 

Fees,  how  Collected  on  An¬ 
imals  Named  in  Sec.  IS. 


Section  1.  (Sept.  22,  1860)  —  §  1.  Be  it  ordained  by  the  City 
Council  of  the  City  of  Champaign ,  That  no  horse,  mule,  ass,  sheep, 
goat,  swine  or  goose,  or  any  such  animals,  shall  run  at  large  in  the 
inhabited  partf  of  the  city  at  any  time,  and  the  owner  or  keeper  of 
any  such  animals,  knowingly  suffering  or  permitting  them  to  run  at 
large,  shall  be  subject  to  a  penalty  of  not  less  than  three  dollars. 

Ibid.  Sec.  2.  The  City  Marshal  and  Police  Constables  shall 
take  up  all  such  animals  found  running  at  large  in  the  inhabited  partsj 
of  the  city,  and  confine  them  to  some  secure  pen,  pound,  or  other 
place,  to  be  provided  for  that  purpose  by  the  Marshal;  and  the  officer 
taking  up  or  impounding  any  animals,  shall  provide,  at  his  own 
cost,  suitable  and  necessary  sustenance  for  them,  and  the  reasonable 
cost  of  providing  such  sustenance  shall  be  paid  to  the  officer  before 
the  animal  shall  be  released  by  him. 

Ibid.  Sec.  3.  Any  animal  taken  up  and  impounded  under  the 
provisions  hereof,  may  be  sold  at  public  sale,  by  the  City  Marshal,  at 
any  time  after  the  expiration  of  three  days  from  the  time  of  being 
taken  up.  The  City  Marshal  shall  personally  attend  to  the  selling  of 
all  animals,  and  shall  give  three  days’  previous  notice  of  the  time  and 

*  Sea  Charter,  15,  g  4,  Art.  V. 

|  S*e  #  12,  post. 

f  See  $  12,  post. 


Chat.  9. 


85 


Houses,  etc. 


place  of  any  such  sale,  by  causing  written  or  printed,  or  partly  written 
and  partly  printed,  advertisements  to  be  posted  up  at  the  front  of  the 
office  of  the  Police  Magistrate,  at  the  post  office,  and  at  some  other 
public  place  in  said  city,  describing  such  animals  by  their  color  and 
marks,  or  brands,  if  any,  and  if  he  shall  not  give  such  notice  as  is  herein 
required,  he  shall  be  subject  to  a  penalty  of  not  less  than  five  dollars. 

Ibid.  Sec.  4.  The  Marshal  and  Police  Constable,  or  Constables, 
may  charge  and  receive  for  their  fees  for  taking  up  and  impounding 
each  horse,  mule  or  ass,  fifty  cents;  for  each  swfine  (other  than  sucking 
pigs),  goat  or  sheep,  twenty-five  cents;  and  for  each  sucking  pig  or 
goose,  five  cents;  and  for  selling  each  horse,  mule  or  ass,  fifty 
cents,  for  each  swine  (other  than  sucking  pigs),  goat  or  sheep., 
twenty-five  cents,  and  for  each  sucking  pig  or  goose,  five  cents ; 
and  for  providing  suitable  sustenance  for  each  horse,  mule  or 
ass,  not  exceeding  forty  cents  ;  for  each  head  of  sheep,  goats  or 
swine  (except  sucking  pigs),  not  exceeding  fifteen  cents;  and  for 
each  goose,  not  exceeding  five  cents,  for  each  twenty-four  hours  the 
same  may  be  kept ;  but  if  any  person  shall  apply  and  pay  the  officers’ 
fees,  at  any  time  before  sale  of  such  animals,  they  shall  be  released  bj" 
the  officer. 

Ibid.  Sec.  5.  An  accurate  account  shall  be  kept  by  the  Marshal 
of  all  animals  sold  by  him,  and  all  moneys  received  by  him  for  the 
sale  of  such  animals,  after  deducting  therefrom  and  paying  the  fees 
and  costs  of  impounding,  sale  and  sustenance,  and  twenty-five  cents 
for  each  animal  sold  (except  geese  and  sucking  pigs),  as  the  pound  fee 
of  the  officer  entitled  thereto,  shall,  without  delay,  be  paid  as  a  special 
deposit  into  the  city  treasury,  and  the  Treasurer  shall  receipt  for  the 
same  and  keep  a  separate  account  therefor.  If  the  owner  of  any 
animal,  having  been  sold,  shall  apply  to  the  Marsha,!  and  prove  the 
ownership  theteof  to  his  satisfaction,  before  payment  into  the  city 
treasury,  he  shall  pay  the  balance  due  from  the  sale  of  such  animal  to 
such  applicant,  taking  his  receipt  therefor;  but  if  the  owner  of  any 
animal  sold  shall  apply  to  the  Marshal,  after  the  payment  into  the 
treasury,  and  prove  the  ownership  thereof,  to  his  satisfaction,  then  he 
shall  certify  the  facts  to  the  City  Clerk,  with  the  amount  deposited  in 
the  city  treasury,  on  account  of  such  animal,  and  the  Clerk  may  draw 
his  warrant  on  the  Treasurer,  in  favor  of  such  claimant,  for  such 
amount  as  may  be  certified  *  by  the  Marshal,  payable  out  of  such 
special  deposit  or  fund,  and  he  shall  file  and  preserve  the  certificate 
of  the  Marshal.* 

Ibid .  Sec.  6.  If  at  any  sale  of  animals,  under  the  provisions 
hereof,  no  person  shall  bid  the  whole  amount  of  costs  for  taking  up, 
keeping  and  selling  such  animals,  the  Marshal  or  any  Police  Constable 
may,  for  himself,  bid  thereon  the  amount  of  the  costs  and  charges, 
and,  no  person  bidding  more,  they  may  be  struck  off  to  him  as  in 
other  cases. 

Ibid.  Sec.  T.  The  City  Marshal  and  Police  Constable,  or 


•  See  Charter.  r  30,  4.  Art.  V. 


Chap.  fC 


Horses,  Etc.. 


8(> 


Constables,  in  the  execution  of  the  powers  and  duties  herein  conferred 
and  required,  may,  at  their  own  cost  and  responsibility,  employ  all 
necessary  assistants,  and  whoever  shall  hinder,  delay,  resist  or  obstruct 
any  such  officer,  or  his  assistants,  in  the  discharge  of  any  of  the 
duties  herein  required,  or  shall  aid  or  abet  the  same,  shall  be  subject 
to  a  penalty  of  not  less  than  five  dollars  in  each  case. 

Ibid.  Sec.  8,  Whoever  shall  break  open  any  pound,  pen,  or 
other  inclosure,  in  which  animals  may  be  confined  or  kept,  under  the 
requirements  hereof,  or  shall  directly  or  indirectly  aid  or  abet  the 
same,  or  the  escape  of  any  such  animals,  shall  be  subject  to  a  penalty 
of  not  less  than  five  dollars. 

1  bid.  Sec.  9.  Whoever  shall  willfully  drive  or  entice  any  animal 
from  beyond  the  inhabited  parts*  of  the  city  into  the  same,  or  shall 
aid  or  abet  the  same,  or  let  any  animal  out  of  any  inclosure  in  which 
it  may  be  confined,  or  aid  or  abet  in  the  letting  out  or  escape  thereof, 
in  order  to  take  up  or  impound  the  same,  shall  be  subject  to  a  penalty 
of  not  less  than  five  dollars  in  each  case. 

I  bid.  Sec.  10.  Whoever  shall  knowingly  suffer  or  permit  any 
dangerous,  unruly  or  mischievous  animal,  owned  or  kept  by  him,  to  go 
at  large  in  the  city,  to  the  danger,  annoyance  or  damage  of  any  person 
within  the  city,  shall  be  subject  to  a  penalty  of  not  less  than  five  dollars  for 
the  first  offense,  and  not  less  than  ten  dollars  for  each  subsequent  offense. 

Ibid.  Sec.  11.  If  the  City  Marshal,  or  any  Police  Constable*, 
shall  neglect  or  refuse  to  take  up  and  impound  any  animal,  known  by 
him  to  be  running  at  large,  contrary  to  the  ordinances  of  the  city,  he 
shall,  in  each  case,  be  subject  to  a  penalty  of  not  less  than  five  dollars 
for  such  neglect  of  duty. 

Sec.  1.  (June  29,  1861)- — §  12.  That  section  first  of  “an  ordi¬ 
nance  in  relation  to  horses  and  other  animals,”  be  so  amended,  by 
striking  out,  in  the  third  line  of  second  section,  the  words  “inhabited 
part,”  and  to  insert  in  place  thereof  the  words  “incorporate  limits.” 
Also,  that  section  second  of  the  ordinance  aforesaid  be  so  amended,  by 
striking  out,  in  the  third  line  of  said  section,  the  words  “inhabited  parts,” 
and  in  place  thereof  to  insert  the  words  “incorporate  limits.”  Also,  that 
section  nine  of  the  ordinance  aforesaid  be  so  amended,  by  striking  out, 
in  the  second  and  third  lines  of  said  section,  the  words  “inhabited 
parts,”  and  in  place  thereof  to  insert  the  words  “incorporate  limits.” 

Sec.  1.  (May  22,  1869)- — §  13.  That  hereafter  it  shall  not  be 
lawful  for  any  one  residing  within  the  limits  of  said  city,  and  owning 
or  having,  in  his  or  her  possession,  any  cows,  calves,  heifers,  or  other 
horned  cattle,  to  allow  or  permit  said  cattle  to  run  at  large,  in  or  upon 
the  streets,  alleys  or  other  public  grounds  belonging  to  said  city,  before 
six  o'clock,  a.  m.,  and  after  eight  o’clock,  p.  m. 

Sec.  2.  (June  14,  1869)  —  §  14.  The  fees  to  be  charged  and 
collected  by  the  Marshal,  or  the  Police  Constable,  shall  be  the  same 
as  charged  for  impounding  hogs,  and  all  such  fees  so  collected  shall  go 
into  the  treasury  of  said  city. 

*  I  12.  t  mt. 


Chap.  10. 


87 


Licenses. 


CHAPTER  X. 

Licenses. 


L  &  II. 

III. 

IV. 
Y. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 

XV. 

XVI. 

XVII. 

XVIII. 

XIX. 


AN  ORDINANCE  in  Relation  to  Licenses. 


Licenses,  Application  for . 
“  Time  granted  for. 

“  Revocation  of,  when . 
u  not  Transferable. 

“  to  be  Registered. 
u  Form  of. 

Marshal  to  Prosecute  Par¬ 
ties  Acting  without. 

Auctioneer,  License  of. 

‘ £  Tax  for  License 
of. 

Auctioneer  to  give  Bond. 

Billiards  and  Ball  A  lleys, 
License  of. 

Same,  Tax  for  License  of. 
“  Minors  not  Permit¬ 
ted  at. 

Exhibitions ,  etc,  License 

Lectures,  Fairs  for  the 
City,  no  License  for. 

Exhibitions,,  etc.,  Tax  for 
License  of. 

Exhibitions,  (Tood  Order 
at. 

Riotous  Conduct  at,  Pen¬ 
alty  of. 

i y  *s  i 


XX.  Peddlers,  License  of. 

XXI.  u  Who  are . 

XXII.  u  Tax  for  License 

of 

XXIII,  Peddlers  not  to  enter 
Private  Dwelling. 

XXI Y.  Wagons  and  Drays ,  Li¬ 
cense  of. 

XXY .  Same,  Tax  for  License 
of. 

XXYI.  Same,  of  Private  Per¬ 
sons  Exempt 

XXVII.  Same,  no  License  of  to 
Minors,  etc. 

XXVII.  Same,  shall  give  Bond. 

XXVIII.  Same,  shall  be  Num¬ 
bered. 

XXIX.  Same,  Charges  Fixed. 

XXX.  Same,  Riotous  Conduct, 
Penalty  of. 

XXXI.  Same,  shall  not  Refuse 
to  Carry. 

XXXII  f  XXXIII.  Same, 
Stands  of. 

XXXIV.  Same ,  to  . Keep  Copies 
of  Sec.  28  hereof. 


Division  I.  —  Licenses  in  General. 


Section  1.  (June  28,  1860)  —  §  1.  Be  it  ordained  by  the  City 
Council  of  the  City  of  Champaign,  That  the  Mayor,  or  Mayor  pro 
tern.,  shall  receive  applications  for  licenses,  and  grantthe  same  in 
all  cases  where  it  is  not  otherwise  expressly  provided,  upon  the  terms 
and  conditions  specified  by  ordinance;  but  if  he  shall  not  feel  author¬ 
ised  to  grant  any  application  for  a  license  for  any  purpose,  he  may 
report  such  application  to  the  next  meeting  of  the  City  Council,  for 
their  action  thereon. 


Chap,  10. 


88 


Licensed, 


Ibid.  Sec.  2.  Any  person  desiring  a  license,  under  the  ordinances 
of  the  city,  for  any  purpose,  shall  make  a  written  application  to  the 
Mayor  therefor,  stating  the  purpose  for  which  the  same  is  desired,  for 
what  length  of  time,  and  specify  the  place  where  his  business  is  to  be 
carried  on,  and  if  required  by  ordinance  to  file  bond  before  being 
licensed,  be  shall  also  name  his  proposed  sureties  on  his  bond  in  his 
application;  if  the  Mayor  shall  grant  such  application,  he  shall 
indorse  the  same  thereon,  together  with  the  amount  taxed  for  the 
license;  and  upon  the  filing  of  the  application  so  indorsed,  with  the 
City  Clerk,  and  the  payment  of  the  sum  specified,  the  City  Clerk 
shall  issue  to  such  applicant  a  license  for  the  purpose  and  time  speci¬ 
fied. 

Ibid.  Sec.  3.  No  license  shall  be  granted  for  a  longer  period 
than  one  year,  and  all  licenses  shall  be  signed  by  the  Mayor,  or  Mayor 
pro  tern .,  and  countersigned  by  the  City  Clerk,  under  the  corporate 
seal  (if  any).  No  license  shall  be  valid  until  signed  and  countersigned 
as  aforesaid,,  nor  shall  any  person  be  deemed  licensed  until  a  license 
shall  be  duly  issued  to  him.  Each  license  shall  be  dated  the  day  of  the 
issuing  thereof;  but,  if  the  applicant  has  been  acting -without  a  license, 
then  it  shall  be  dated  from  the  time  he  so  commenced  acting. 

Ibid.  Sec.  4.  All  licenses  granted  shall  be  subject  to  all  ordi¬ 
nances  in  relation  to  licenses,  -which  mav  be  in  force  at  the  time  of  the 
issuing  thereof,  or  which  may  be  subsequently  passed  by  the  City 
Council;  or,  if  any  person  licensed  shall  violate  any  provision  of  any 
ordinance  in  relation  to  his  license,  he  may  be  proceeded  against  for 
any  fine  or  penalty  imposed  thereby,  and  his  license  may  be  revoked 
or  forfeited,  in  the  discretion  of  the  City  Council,  or  of  the  court  or 
magistrate  before  whom  any  action  may  be  brought  for  the  recovery 
of  any  fine  or  penalty. 

Ibid.  Sec.  6.  No  license  granted  shall  be  assignable  or  transfera¬ 
ble,  nor  shall  any  person  be  authorized  to  do  business  or  act  under  such 
license  but  the  person  to  whom  it  is  granted,  or  any  other  place  than 
the  place  specified  therein,  without  the  consent  of  the  City  Council,  to 
be  certified  on  such  license  by  the  City  Clerk ;  nor  shall  any  license 
authorize  any  person  to  act  under  it  at  more  than  one  place  at  the 
same  time,  nor  at  any  other  time  than  is  therein  specified.  Whoever 
shall  violate  any  provision  of  this  section  shall  be  deemed  to  be  acting 
without  license,  and  shall  be  subject  to  the  same  penalty  as  is  pre¬ 
scribed  for  acting,  -without  license. 

Ibid.  Sec.  6.  The  City  Clerk  shall  keep*  a  license  register,  in 
which  he  shall  enter  the  name  of  each  person  licensed,  for  what  purpose 
licensed,  the  place  of  business,  the  date  of  the  license,  the  amount 
paid  and  the  date  of  the  expiration  of  the  same.  He  shall  pay  into 
the  city  treasury,  on  the  first  Monday  of  each  month,  all  moneys 
received  by  him  on  account  of  license;  he  may  charge  and  receive  a 
fee  of  fifty  cents  for  each  license  issued  by  him,  and  a  fee  of  fifty  cents 
for  certifying  the  consent  of  the  City  Council  to  the  assignment,  trans¬ 
fer,  or  change  of  place  of  business  of  any  license- 


Chat,  10. 


80 


Licenses. 


Ibid.  Sec.  T.  Licenses  may  issue, 

%/ 

lowing  form,  to-wit: 


as  near  as  may  be,  in  the  fol- 


UA.  B.,  - ,  of  the  City  of  Champaign,  to  all  whom  these 

presents  shall  came,  Greeting: 

‘•Know  ye,  that  C.  Lb,  having  made  application  in  due  form  (filed 

bond),  paid  into  the  city  treasury  -  dollars,  and  in  all  other 

respects  complied  with  the  ordinance  of  the  city  in  this  behalf,  there¬ 
fore  I,  A.  B.,  Mayor  of  the  City  of  Champaign,  for  and  in  behalf  of 
the  people  of  said  city,  do  hereby  authorize,  empower  and  license  the 
said  C.  D.  (here  set  forth  the  business  or  purpose  of  the  license),  at 

- for - ,  from - .  Nevertheless,  this  license  is  granted 

upon  this  express  condition:  that  if  the  said  C.  I).  shall  observe  and 
obey  all  ordinances  of  the  city,  which  are  or  may  be  in  force,  regu¬ 
lating  or  relating  to  said  business,  then  this  license  shall  be  valid  for 
the  period,  otherwise  it  may  be  annulled,  revoked  or  forfeited,  at  the 
option  of  the  City  Council,  or  in  any  other  manner  provided  by  ordi¬ 
nance. 

{ 

18 

“Countersigned  and  rgistered,  E.  F.,  City  Clerk. 


/ — A — s  “In  testimony  whereof,  I  have  hereunto  set  my  hand,  and 
seal  caused  the  corporate  seal  of  said  city  (if  any)  to  be  affixed, 
' — v —  at  the  city  of  Champaign,  this - day  of  - ,  A.  D. 


6—. 


“A.  B.,  Mayor. 


J bid.  Sec.  8.  That  the  City  Marshal  shall  enforce  all  ordinances 
in  relation  to  licenses,  and  shall,  from  time  to  time,  examine  the  license 
register,  and  prosecute  all  persons  who  may  be  acting  without  license; 
and  he  shall  be  entitled  to  a  commission  of  one  dollar  for  each  license 
so  collected  by  him,  to  be  paid  by  the  person  to  be  licensed,  and  his 
receipt  shall  be  good  to  the  extent  and  purport  thereof,  but  no  person 
shall  be  considered  as  licensed  until  license  shall  be  issued  in  due  form, 
as  required  by  ordinance. 


Division  TI.  —  Auctioneers.* 


Ibid.  Sec.  9.  No  person  shall  pursue  the  business  of  an  auction¬ 
eer,  or  sell  goods  or  property  at  auction,  except  under  legal  process, 
without  a  license  therefor,  under  a  penalty  of  not  less  than  five  dollars 
for  each  sale  made. 

Ibid.  Sec.  10.  For  a  license  to  pursue  the  business  of  an  auc¬ 
tioneer,  or  to  sell  goods  or  property  at  auction,  there  shall  be  taxed 
and  collected  fifteen  dollars  for  six  months,  and  thirty  dollars  for  one 
year. 

•J 

Ibid.  Sec.  11.  Before  a  license  shall  be  issued  to  any  person  to 
pursue  the  business  of  an  auctioneer,  or  to  sell  goods  or  property  at 
auction,  he  shall  file  bond  in  the  sum  of  one  thousand  dollars,  with 
two  or  more  sureties,  to  be  approved  by  the  Mayor  or  City  Council, 
and  conditioned  for  the  prompt  payment  of  all  moneys,  and  the. deliv¬ 
ery  of  all  goods,  that  may  come  into  his  hands,  in  his  business,  to  the 


*  Spi*  State  Constitution.  #  1, 
130. 


12 


Art  IX. 


Also,  People  >'<■  Thtirbar,  13  Ill.,  554;  Sawyer  vs.  Alton,  3  Scam,, 


90 


Licenses, 


Chap.  10. 


person  entitled  to  receive  the  same  ;  and  which  bonds  may  be  sued  on, 
and  in  the  name  of  the  city,  bv  any  person  damaged  by  a  breach  of 
its  conditions. 

Division  III. — Billiard  Rooms,  Ball  Alleys,  etc. 

Ibid.  Sec.  12.  No  person  shall  keep  any  billiard  table,  or  baga¬ 
telle  table,  or  a  ball  or  pin  alley,  to  be  used  or  played  upon  by  others, 
for  hire  or  gain,  without  a  license  therefor,  under  a  penalty  of  not  less 
than  five  dollars  for  each  person  who  may  be  permitted  to  play  thereon 
for  hire  or  gain. 

Ibid.  Sec.  13.  There  shall  be  taxed  and  collected  for  a  license 
to  keep  billiards,  for  one  year,  twenty-five  dollars  for  one  table;  for 
two  tables,  forty  dollars,  and  fifteen  dollars  for  every  additional  table. 
There  shall  be  taxed  and  collected  for  a  license  to  keep  a  pin,  or  ball 
alley,  for  one  year,  fifteen  dollars  for  one  alley ;  twenty-five  dollars  for 
two  alleys,  and  ten  dollars  for  every  additional  alley.  Fifteen  dollars 
per  annum  shall  be  taxed  and  collected  for  each  bagatelle  table. 

1  bid.  Sec.  14.  No  keeper  of  a  billiard  table,  or  ball  or  pin  alley, 
Tskall  suffer  or  permit  any  minor  to  frequent  or  loiter  about  the  prem¬ 
ises  occupied  by  him,  or  to  play  or  roll  upon  his  table  or  alley,  without 
the  previous  consent  of  the  parent,  master  or  guardian  of  such  minor; 
nor  shall  sell  or  deliver  any  intoxicating  liquors,  contrary  to  the  ordi¬ 
nances  of  the  city;  nor  shall  suffer  or  permit  any  riotous,  noisy  or 
disorderly  conduct  upon  the  premises  occupied  by  him,  to  the  disturb¬ 
ance  or  annoyance  of  the  neighborhood,  under  a  penalty  of  not  less 
than  fifteen  dollars  and  a  forfeiture  of  his  license. 

Division  IV,  —  Exhibitions,  Shows  and  Amusements. 

Ibid.  Sec.  15.  No  person  shall  give  or  exhibit  any  theatrical  or 
other  exhibition,  show  or  amusement,  where  money  is  charged  for 
admission  thereto,  without  a  license  therefor,  under  a  penalty  of  not 
less  than  double  the  amount  herein  assessed  and  taxed  for  such 
license. 

Ibid.  Sec.  16.  For  fairs,  or  lectures  given  before  any  society, 
or  concerts,  or  other  exhibitions  or  amusements,  given  exclusively  for 
citizens  of  the  city,  no  license  shall  be  required;  and  where  any 
exhibition  or  amusements,  for  which  license  is  required,  shall  be  given 
for  any  charitable  or  benevolent  purpose,  no  license  shall  be  charged. 

Ibid.  Sec.  17.  For  a  license  for  the  exhibition  of  any  circus, 
menagerie.,  or  other  like  exhibition,  there  shall  be  taxed  and  collected 
not  less  than  five  dollars  for  two  exhibitions  or  less,  and  not  less  than 
three  dollars  for  each  exhibition  thereafter,  not  including  side  shows, 
or  other  exhibitions  traveling  therewith,  or  attached  thereto,  which 
.shall  be  taxed  for  a  license  not  less  than  two  dollars  each.  For  a 
license  for  any  other  exhibition,  show  or  amusements,  there  shall  be 
taxed  and  collected  not  less  than  three  dollars  for  any  single  exhibition, 
.and  not  less  than  two  dollars  for  each  exhibition  thereafter. 

Ibid.  Sec.  18.  Any  person  giving  or  conducting  any  exhibition, 
show  or  amusement,  shall  preserve  good  order  in  and  about  the  place 


('lIAT.  1(1 


91 


f .  i  (i:  ,\  s  r:s' 


of  his  exhibition  or  amusement,  and  if  necessary  for  that  purpose, 
shall  employ,  at  his  own  expense,  a  sufficient  police  force. 

Ibid.  Sec.  19.  Any  person  who  shall  conduct  himself  in  a  riot¬ 
ous  or  disorderly  manner,  at  any  place  of  exhibition  or  amusement, 
shall  be  subject  to  a  penalty  of  not  less  than  three  dollars;  and  if  any 
person  belonging  to  or  connected  with  any  such  show  or  exhibition, 
shall  conduct  himself  in  a  riotous  or  disorderly  manner,  or  cause  any 
disturbance  or  breach  of  the  peace  at  the  place  of  exhibition,  the 
license  of  such  show  or  exhibition  may  be  revoked  or  forfeited,  in  the 
discretion  of  the  Mayor  or  Police  Magistrate,  and  no  license  shall  at 
any  time  thereafter  be  granted  for  such  exhibition,  unless  for  good 
cause  shown,  with  the  consent  of  the  City  Council. 

Division  Y.  —  Peddlers. 

Ibid.  Sec.  20.  No  person  shall  hawk  or  peddle  merchandise,  or 
other  articles  of  value,  in  the  city,  without  a  license  therefor,  under 
penalty  of  not  less  than  five  dollars. 

Ibid.  Sec.  21.  All  sales  of  goods  or  merchandise  made  by  any 
person  remaining  transiently  in  the  city,  for  the  purpose  of  selling  or 
disposing  of  the  same  by  retail,  or  by  persons  traveling  or  going  about 
from  one  place  to  another,  with  goods  or  merchandise,  and  selling 
and  disposing  of  the  same  by  retail,  whether  in  any  temporary  place 
of  business  or  otherwise,  shall  be  deemed  peddling  under  the  provisions 
hereof. 

Ibid.  Sec.  22.  For  a  license  to  hawk  or  peddle,  there  shall  be 
taxed  and  collected  not  less  than  three  dollars  for  two  weeks  or  less, 
not  less  than  five  dollars  for  one  month  or  less,  and  not  less  than  three 
dollars  for  each  month  thereafter.  No  license  shall  be  required  for 
peddling  or  vending  of  [or]  marketing  vegetables,  fruit,  cakes,  nuts, 
or  other  like  refreshments. 

Ibid.  Sec.  23.  No  peddler  shall  enter  any  private  dwelling  in 
this  city  without  being  admitted  into  the  same,  or  shall  insist  upon  the 
showing  or  sale  of  his  goods  or  wares  to  any  person,  after  being  told 
by  such  person  that  he  or  she  does  not  wish  to  purchase  the  same,  or 
shall  otherwise  vex  or  annoy  any  person,  under  a  penalty  of  not  less 
than  three  dollars,  and  the  forfeiture  of  his  license,  in  the  discretion 
of  the  City  Council,  or  the  Police  Magistrate,  or  other  court  before 
whom  conviction  may  be  had;  and  at  no  time  thereafter  shall  he  be 
licensed,  unless,  for  good  cause  shown,  the  City  Council  shall  remove 
his  disability. 

Division  YI.  —  Wagons  and  Drays. 

Sec.  1.  (June  15,  1861)  —  §  24.  No  person  shall  pursue  the 
occupation  of  carrying  any  goods  or  property,  for  gain  or  hire,  in  any 
vehicle,  from  one  place  to  another  within  the  city,  or  shall  keep,  own 
or  use  any  dray,  wagon  or  other  vehicle,  for  the  purpose  of  carrying 
any  goods  or  articles  of  property,  for  gain  or  hire,  within  the  limits  of 
the  city,  without  a  license  therefor,  under  a  penalty  of  not  less  than 
three  dollars  for  each  load  or  parcel  so  carried  without  a  license. 


Chap.  10. 


Licenses-. 


02 


Sec.  1.  (June  15,  1861)  —  §  25.  For  a  license  to  pursue  the 
business  or  occupation  of  carrying  goods,  or  other  property,  for  gain 
or  hire,  upon  a  dray,  wagon  or  other  like  vehicle,  within  the  city, 
there  shall  be  taxed  and  collected  four  dollars  for  six  months,  and 
seven  dollars  for  each  year. 

Sec.  26.  (June  23,  1860)  —  §  26.  For  wagons  or  other  vehicles* 
kept  or  used  by  merchants,  lumbermen  or  other  persons,  for  the  deliv* 
ery,  without  charge,  of  articles  or  property  sold  by  them,  or  for  the 
carrying  of  their  own  property,  or  the  accommodation  of  their  own 
business,  or  for  the  hauling  of  earth  or  building  material,  or  for  haul¬ 
ing  without  and  beyond  the  city,  or  by  hotel  keepers  for  the  delivery, 
without  charge,  of  the  baggage  of  their  guests,  no  license  shall  be 
required. 

Ibid.  Sec.  27.  No  wagon  or  dray  license  shall  be  issued  to  any 
minor  or  non-resident  of  the  city.  Before  any  wTagon  or  dray  license 
shall  be  issued  to  any  person,  he  shall  execute  bond  to  the  city  in  the 
sum  of  one  hundred  dollars,  with  one  or  more  sureties,  to  be  approved 
by  the  Mayor,  or  Mayor  pro  tern .,  conditioned  that  he  will  promptly 
deliver  all  property  entrusted  to  him,  or  to  his  servants,  to  be  carried, 
and  pay  all  damages  caused  by  the  negligence  of  himself  or  his 
servants  in  the  carrying  of  any  property.  The  bond  may  be  sued  on, 
in  the  name  of  the  city,  by  an}r  person  damaged  by  a  breach  of  its 
conditions. 

Ibid.  Sec.  28.  The  City  Clerk  shall  write  in  the  license,  and 
indorse  thereon,  the  number  or  other  designation  of  the  dray,  or  other 
vehicle,  and  register  the  same;  and  the  person  licensed  shall  cause 
such  number  or  designation  to  be  at  all  times  conspicuously  and 
legibly  painted  or  affixed  to  the  outside  of  the  bed  or  shaft  thereof, 
under  a  penalty  of  one  dollar  for  each  day  such  dray  or  other 
vehicle  may  be  used  without  being  numbered  or  designated,  as  is 
herein  required. 

Sec.  1.  (July  11,  1864)  —  §29.  Any  drayman,  or  other  person 
licensed,  may  charge  and  receive  not  exceeding  fifty  cents  for  each 
load  carried  from  place  to  place  within  the  city. 

Sec.  30.  (June  23,  1860)  —  §  30.  No  drayman,  or  other  person 
so  licensed,  or  hack  or  omnibus  driver,  shall,  at  any  road,  station,  or 
elsewhere,  conduct  himself  in  a  riotous  or  disorderly  manner,  or  use 
indecent,  profane  or  abusive  language  towards  any  person,  or  other¬ 
wise  vex  or  annoy  any  traveler  or  other  person,  or  obstruct  any  side¬ 
walk,  street  or  alley  crossing,  street,  or  other  public  passage,  under  a 
penalty  of  not  less  than  three  dollars  in  each  case. 

Ibid.  Sec.  31.  No  drayman,  or  other  person  so  licensed  under 
the  provisions  hereof,  shall,  when  requested,  unless  actually  employed 
at  the  time,  refuse  to  carry  any  article  or  load,  or  shall  charge  any 
greater  sum  than  is  herein  specified  for  the  carriage  of  any  load,  under 
a  penalty  of  three  dollars  in  each  case. 

Ibid.  Sec.  32.  No  owner  or  driver  of  any  wagon,  dray  or  other 
vehicle,  shall  make  a  permanent  stand,  or  place  of  stopping,  in  front 


Cll.U\  10. 


93 


Licenses. 


of  any  premises,  without  the  consent  of  the  owner  or  occupant  of  the 
same,  under  a  penalty  of  three  dollars. 

/ bid.  Sec.  33.  The  City  Marshal  shall  designate  stands  for 
licensed  drays,  or  other  vehicles,  or  for  omnibuses  or  carriages  belong¬ 
ing  to  any  hotel,  upon  any  street  at  or  adjacent  to  the  railroad  depots 
or  stations  within  the  city,  while  waiting  for  the  arrival  or  departure 
of  passenger  trains;  and  any  person  who  shall  occupy  any  other 
stand  than  the  one  allotted  to  him,  while  any  pnssenger  train  may  be 
standing  at  any  depot  or  station,  shall  be  subject  to  a  penalty  of 


three  dollars. 

Ibid.  Sec.  34.  Each  person  licensed  under  the  provisions  hereof, 
shall,  at  all  times,  keep  a  certified  copy  of  the  twenty-eighth  section 
hereof,  and  shall  produce  the  same  for  the  inspection  of  any  person 
employing  him  who  shall  demand  the  same,  under  a  penalty  of  three 
dollars;  and  if  any  such  person  shall  exhibit  or  produce,  to  any  person 
employing  him,  a  false  copy  thereof,  he  shall  be  subject  to  a  penalty 
of  ten  dollars. 


% 


Chip  11. 


Licit  Oft  50 


04 


*V^O 


C* 


CHAPTER  XI. 

Liquors. 

AN  ORDINANCE  Regulating  the  Sale  of  Intoxicating  Liquors, 


I. 

II. 

III. 

IV. 

V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 


XIV. 


XV. 

XVI. 


Liquors ,  License  for  the 
Sale  of. 

License ,  Term  f  Price  of.. 

License ,  Applicant  to  File, 
Bond. 

Drunkenness  and  Gaming-, 
Prohibited. 

Not  to  Sell  on  Sunday. 

Saloons  Open  and  Close , 
when. 

City  Time. 

Minors  not  to  he  Employed 
or  Sold  to. 

Saloon  Keeper,  Duty  and 
Power  of. 

Same ,  when  Notified  not 
to  Sell. 

Same ,  not  to  Permit  Bois¬ 
terous  Conduct ,  etc. 

M hiking  Disturbance, Pen¬ 
alty  of. 

Saloon  Keeper ,  Violation 
of  Secs.  5  and  6,  Pen¬ 
alty  of. 

Marshal  and  City  Officers, 
Duty  of. 

Subterfuges  and  Evasions. 

Saloon  Keeper  to  Keep 

Copy  of  Ordinance  Posted . 


XVII.  License,  Application 

Pj  ,rp* 

XVIII,  *  “  to  Whom  Grant- 
eel. 

XIX.  License,  to  be  Lssued 
when. 

XX.  Amends  Sec.  19. 

XXI.  Bond  to  Pay  Fines. 
XXII.  Terms  for  Granting  LG 

C671S6, 

XXIII.  Amends  Sec.  22. 

XXIV.  City  Attorney  to  Report 
Judgment. 

XXV.  No  License  Lssue  till 
Fines  Paid. 

XXV.  Several  Convictions,  hour 
Proceed. 

XXVI.  License,  Mayor  Refuse' 
when. 

XXVII.  License  for  Manufac¬ 
turing. 

XXVIII.  License,  Granted  Only 
to  One  Person. 

XXIX.  License,  not  Lssued  to 
Copartners. 

XXX.  Selling  Outside  City  a 
Nuisance. 

XXXI.  Selling  Outside  City r 
Penalty  of. 


Secton  1.  (May  22,  1871.)  —  §  1.  Be  it  ordained  by  the  City 
Council  of  the  City  of  Champaign,  That  no  person  shall,  within  the 
city,  by  himself,  his  servant  or  clerk,  except  for  purposes  purely  medi¬ 
cinal,  mechanical  or  sacramental,  barter,  sell,  exchange  or  deliver,  or 
otherwise  dispose  of,  for  money  or  gain,  or  anything  of  value,  or  any 
check  or  other  thing  representing,  or  intended  to  represent,  any  money, 
or  other  thing  of  value,  any  vinous,  fermented,  spirituous,  mixed  or 
malt,  or  other  intoxicating  liquor  whatever,  in  a  less  quantity  than 
one  gallon,  to  be  carried  away  at  one  time  from  the  place  of  sale  or 
delivery,  nor  allow  the  same  to  he  drank  on  the  premises,  without  a 
license  therefor,  under  a  penalty  of  not  less  than  one  hundred  dollars' 
for  each  offense;  and  any  person  furnishing  evidence  to  convict  shall 
be  entitled  to  half  the  fine  when  said  fine  is  collected. 


Chxp.  11. 


95 


Liocous. 


Sec.  1.  (April  9,  1870)  —  §  2.  Hereafter,  licenses  may  be 
granted  for  the  period  of  six  months  to  such  person  or  persons  as  may 
apply  therefor,  to  retail  liquors  in  quantities  less  than  one  gallon,  upon 
such  person  or  persons  paying  into  the  city  treasury  the  sum  of  two 
hundred  dollars,  and  entering  into  bond  in  the  manner  required  by  the 
third  section  of  the  ordinance  to  which  this  is  an  amendment.  And 
.said  third  section  having  been  repealed  by  an  ordinance,  entitled  “an 
ordinance  regulating  the  sale  of  intoxicating  liquors,”  passed  April 
13th,  1869,  the  same  is  hereby  reordained  and  declared  to  be  in  full 
force  and  effect;  and  such  person  or  persons,  to  whom  licenses  afore¬ 
said  may  be  granted,  shall  be  governed  in  all  matters  by  the  ordinance 
now  in  force  in  relation  to  the  sale  of  intoxicating  liquors.. 

Sec.  3.  (April  7,  1869)  —  §  3,  Before  a  license  shall  be  issued 
to  any  person  to  retail  liquors,  under  the  provisions  hereof,  such  per¬ 
son  shall  execute  bond  to  the  City  of  Champaign,  in  the  sum  of  one 
thousand  dollars,  liquidated  damages,  signed  by  at  least  two  freehold¬ 
ers  of  the  city,  each  to  the  value  of  the  penalty  of  the  bond  at  least, 
as  sureties,  to  be  approved  by  the  City  Council,  and  conditioned  that 
the  person  to  whom  such  license  is  granted  shall  observe  and  obey  all 
laws  and  ordinances  now  in  force,  or  such  as  may  hereafter  be  in 
force,  regulating  and  governing  retailers  of  liquors.  Such  bond  shall 
be  executed  in  the  presence  of  the  Mayor,  and  filed  in  the  office  of  the 
Clerk,  and  any  breach  of  its  conditions  shall  work  a  forfeiture  of  the 
whole  penalty  thereof,  the  amount  of  which  shall  be  recovered  before 
any  court  having  jurisdiction. 

Ibid.  Sec.  4.  No  retailer  of  liquors,  licensed  under  the  provis¬ 
ions- hereof,  shall,  by  himself,  his  servant  or  clerk,  suffer  or  permit 
any  person  to  drink  to  excess  or  drunkenness  in  his  premises,  nor 
shall '.suffer  or  permit  any  species  of  gaming  in  any  part  thereof,  or  in 
any  place  adjacent  thereto,  under  his  control,  under  a  penalty  of  not 
less  than  twenty-five  dollars  in  each  case. 

Ibid.  Sec.  6.  No  retailer  of  liquors,  licensed  under  the  pro¬ 
visions  hereof,  shall,  on  Sunday,  keep  open,  or  suffer  or  permit 
to  be  kept  open,  any  part  of  his  place  of  business,  nor  shall  on 
Sunday  in  any  manner,  sell  or  deliver  any  intoxicating  or  malt 
liquors  or  beverage  whatever,  or  suffer  or  permit  any  such  liquors 
or  beverage  to  be  used  or  drank  at  his  place  of  business,  or  in  any  place 
adjacent  thereto,  under  his  control,  nor  shall,  on  Sunday,  admit  any  per¬ 
son  into  his  place  of  business  not  belonging  thereto  or  connected  there¬ 
with,  under  a  penalty  of  not  less  than  twenty-five  dollars  in  each  case. 

Sec.  2.  (Dec.  10,  1870)  —  §  6.  Hereafter,  all  drinking  and  bil¬ 
liard  saloons,  and  ball  alleys,  within  this  city,  shall  be  closed,  for  the 
night,  promptly  at  eleven  o’clock,  p.  m.,  and  remain  closed  until  four 
o’clock,  a,  m.  No  keeper  of  any  drinking  or  billiard  saloon,  or  ball 
alley,  shall,  by  themselves,  their  agents  or  clerks,  suffer  or  permit  his, 
her  or  their  place  of  business  to  be  open  at  any  time  during  the  hours 
above  specified,  nor  shall  suffer  or  permit,  within  said  time,  any  intoxi¬ 
cating  or  malt  liquors  to  be  sold,  given  away  or  drank  within  his,  her 


Chap.  11. 


Liquors, 


% 


or  their  place  of  business,  as  aforesaid;  nor  any  games  upon  billiard 
tables  or  ball  alleys  to  be  played ;  nor  shall  suffer  or  permit,  within 
the  hours  aforesaid,  any  person  or  persons  to  remain,  stop  or  stay  in 
his,  her  or  their  place  of  business,  who  are  not  connected  with,  or 
belong  to  the  same,  under  a  penalty  of  not  less  than  ten  dollars  for 
each  offense. 

Sec..  8.  (Dec.  10,  1870)  —  §  7,  The  time  of  the  Illinois  Central 
Railroad  Company,  in  this  city,  is  hereby  declared  to  be  the  time  of 
the  City  of  Champaign,  for  the  purposes  of  the  city  government,  and 
the  City  Magistrates,  Marshal,  and  all  police  officers  are  hereby 
required  to  see  that  their  time  conforms  to  the  same,  and  the  time 
for  closing  and  opening  drinking  and  billiard  saloons,  and  ball  alleys, 
as  aforesaid,  will  be  governed  accordingly. 

Sec.  7.  (April  7,  1869)  —  §  8.  No  retailer  of  liquors,  licensed 
under  the  provisions  hereof,  shall  employ  any  minor  as  a  servant  or 
clerk  in  his  business;  nor  shall,  in  any  manner,  sell,  give  or  deliver 
any  intoxicating  or  malt  liquor,  or  beverage,  whatever,  to  any  minor, 
or  intoxicated  person;  nor  shall  harbor  or  entice,  or  suffer  any  minor 
or  intoxicated  person  to  remain  or  loiter  in  or  about  his  place  of  busi¬ 
ness,  under  a  penalty  of  not  less  than  ten  dollars  in  each  case. 

Sec.  8.  (April  7,  1.869)  —  §  9.  Each  retailer  of  liquors,  licensed 
under  the  provisions  hereof,  shall,  without  delay,  notify  any  minor,  or 
intoxicated  person,  who  may  frequent  or  loiter  in  or  about  his  place 
of  business,  to  leave  and  quit  the  same:  and  if  he  shall  neglect  or 
refuse  to  do  so,  such  retailer  may  arrest  him  and  take  him  before  any 
Police  Magistrate,  or  may  deliver  him  into  the  custody  of  the  Marshal, 
or  any  Police  Constable,  to  be  by  him  retained  in  custody  until  he 
can  be  brought  before  a  competent  court  or  magistrate;  or  he  may  make 
complaint  before  any  Police  Magistrate,  and  cause  such  minor  or  intox¬ 
icated  person  to  be  arrested  and  prosecuted;  and  m>  minor  or  intox¬ 
icated  person  shall  frequent  or  loiter  in  or  about  any  grocery,  or  other 
place  where  intoxicating  or  malt  liquors  are  sold  by  retail,  after  being; 
notified  or  requested  by  the  owner  or  keeper  thereof,  or  any  police 
officer,  to  leave  or  quit  the  same,  under  a  penalty  of  not  less  than  five 
dollars. 

Sec.  9.  (April  7,  1869)  —  §  10.  No  retailer  of  liquors,  licensed 
under  the  provisions  hereof,  nor  any  other  person,  shall  sell,  give  or 
deliver  any  intoxicating  or  malt  liquors  or  beverage,  whatever,  to  any 
habitual  drunkard  or  habitually  intoxicated  person,  after  being  notified, 
by  the  wdfe,  parent,  or  other  relative  or  acquaintance  of  such  person, 
that  be  is  an  habitual  drunkard,  or  habitually  intoxicated  person,  and 
reqesting  such  retailer  or  other  person  not  to  sell,  give  or  deliver  him 
any  such  liquors  or  beverage,  under  a  penalty  of  not  less  than  twenty- 
five  dollars. 

Sec.  10.  (April  7,  1869)  —  §  11.  No  retailer  of"  liquors,  licensed 
under  the  provisions  hereof,  shall  suffer  any  loud  or  boisterous  talking, 
or  obscene  or  profane  language,  quarreling,  singing,  fighting,  or  other 
disturbance,  in  or  about  his  place  of  business,  or  in  any  place  adjacent 


Chap.  11.  97  Liquor?. 


thereto,  under  his  control,  to  the  annoyance  or  disturbance  of  persons 
passing  along  any  street  or  public  place  in  the  vicinity  thereof,  or  to 
the  disturbance  of  the  peace  and  quiet  of  persons  doing  business  or 
residing  in  the  neighborhood  thereof,  under  a  penalty  of  not  less  than 
ten  dollars  for  each  olfense. 

Sec.  11.  (April  T,  1869)  —  §  12.  Whoever  shall  make  any  such 
noise  or  disturbance,  mentioned  in  the  preceding  section,  or  shall 
speak  any  profane,  indecent,  insulting  or  obscene  language,  in  any 
public  place,  loud  enough  to  be  overheard  by  persons  passing,  and  in 
the  presence,  or  while  any  female  may  be  near  enough  to  be  likely  to 
hear  the  same,  shall  be  subject  to  a  penalty  of  not  less  than  five  dollars 
in  each  case. 

Sec.  15.  (April  7, 1869)  —  §  18.  *If  any  retailer  of  liquors  shall 
violate  any  of  the  provisions  of  the  fifth  and  sixth  sections  hereof,  the 
City  Marshal,  or  any  Police  Constable,  may  enter  and  close  his  place 
of  business,  and  keep  it  closed  until  the  next  morning,  and  may  take 
possession  of  the  keys  or  fastenings  thereof,  and  shall  have  power  to 
turn  out  all  persons  found  therein  not  belonging  to  the  premises;  and 
all  offenders  shall  be  prosecuted  before  any  Police  Magistrate,  or  other 
competent  court,  and  shall  be  subject  to  the  penalties  prescribed  in  the 
preceding  sections  hereof. 

Sec.  16.  (April  7,  1869)  —  §  14.  The  City  Marshal  and  Police 
Constable,  or  Constables,  shall  see  that  the  provisions  hereof  are 
strictly  observed  and  enforced,  and  shall  prosecute  all  violations  of  the 
same;  and  in  their  default,  any  person  may  make  the  proper  complaint 
of  such  violation,  before  the  Police  Magistrate,  and  have  the  offender 
prosecuted  as  in  other  cases;  and  it  shall  be  the  duty  of  the  City 
Marshal,  and  all  Police  Constables,  at  all  times,  to  arrest  or  cause  to 
be  arrested  and  prosecuted  without  delay,  all  persons  who  may  be  found 
intoxicated  or  riotous  in  any  public  place. 

Sec.  17.  (April  7,  1869)  —  §  15.  All  subterfuges  and  evasions, 
for  the  purpose  of  avoiding  the  requirements  or  provisions  hereof,  are 
hereby  declared  to  be  within  the  meaning  and  intent,  and  shall  be 
deemed  violations  thereof. 

Sec.  18.  (April  7,  1869)  —  §  16.  Every  retailer  of  liquors, 
licensed  under  the  provisions  of  the  second  and  third  sections  hereof, 
shall  keep  a  copy  of  tins  ordinance  posted  up  in  some  conspicuous 
place  in  his  place  of  business. 

Sec.  19.  (April  7,  1869)  —  §  17.  Any  person  desiring  a  license, 
under  the  ordinances  of  the  city,  to  retail  intoxicating  liquors  in  less 
quantities  than  one  gallon,  shall  make  a  written  application  therefor  to 
the  Mayor,  stating  the  length  of  time  for  which  he  desires  such  license, 
the  place  where  his  business  is  to  be  carried  on,  and  the  names  of  the 
persons  who  will  become  his  securities  on  the  bond  required  by  ordi¬ 
nance. 

Sec.  20.  (April  7,  1869)  —  §  18.  When  any  such  application  is 
made,  it  shall  be  the  duty  of  the  Mayor,  or  Mayor  pro  tem .,  to  receive 


*  Sacs.  12.  13  and  14,  repealed  April  13, 18f>9. 

1  9 

lo 


C  it  >  r  11 


98 


Liquors, 


and  grant  the  same,  upon  the  terms  and  conditions  specified  by  ordi¬ 
nance,  unless  the  applicant,  or  applicants,  or  one  or  more  of  the 
applicants,  shall  have  been  convicted  of  some  crime  which,  by  the 
laws  of  this  State,  would  render  him,  her  or  them  infamous,  or  shall 
have  been  twice  convicted  of  violating  the  ordinances  of  said  city 
concerning,  regulating  or  governing  retailers  of  liquors;  or  unless 
such  applicant,  or  applicants,  or  some  one  or  more  of  them,  shall  have 
failed  or  refused,  after  being  once  convicted  of  such  violation,  to  pay 
the  fine  or  penalty,  and  the  costs,  or  some  part  thereof,  assessed 
therefor.  If  the  Mayor,  or  Mayor  pro  tern.,  grant  such  application, 
he  shall  indorse  the  grant  thereof  on  such  application,  together  with 
the  amount  taxed  for  such  license. 

Sec.  21.  (April  7,  1869)  —  §  19.  Upon  the  filing  of  the  appli¬ 
cation  so  indorsed,  as  aforesaid,  in  the  City  Clerk’s  office,  together 
with  a  bond  in  such  sum,  on  such  conditions,  with  such  securities,  and 
approved  as  hereinafter  provided,  and  paying  to  the  City  Treasurer 
the  sum  required  for  such  license,  a  license  to  retail  intoxicating 
liquors  in  any  quantity  less  than  one  gallon,  at  the  place  named  in 
such  application,  for  the  term  granted,  shall  be  issued  to  such  applicant 
or  applicants,  in  the  general  form  and  manner  prescribed  by  the  ordi¬ 
nances  of  said  city  for  other  licenses. 

*Sec.  2.  (April  13,  1869)  —  §  20.  That  section  twenty-one  of 
said  ordinance  be  so  amended  as  to  be  as  follows:  “Upon  the  filing 
of  the  application,  so  indorsed  as  aforesaid,  in  the  City  Clerk’s  office, 
and  paying  to  the  City- Treasurer  the  sum  of  four  hundred  dollars  for 
such  license,  a  license  to  retail  intoxicating  liquors,  in  any  quantity 
less  than  one  gallon,  at  the  place  named  in  such  application,  for  the 
term  granted,  shall  be  issued  to  such  applicant,  in  the  general  form 
and  manner  prescribed  by  the  ordinances  of  said  city  for  other 
license. 

Sec.  22.  (April  7,  1869) — -§  21.  Before  a  license  shall  be  issued 
to  any  person  or  persons,  to  retail  liquors  under  the  provisions  hereof, 
such  person  or  persons  shall  execute  a  bond  to  the  City  of  Champaign, 
in  the  sum  of  one  hundred  dollars,  with  good  securities,  who  shall  be 
residents  of  the  county  of  Champaign,  in  the  State  of  Illinois,  to  be 
approved  by  the  Mayor  and  City  Clerk,  conditioned  that  the  person 
or  persons  applying  for  such  license,  shall  promptly  pay  and  satisfy 
any  and  all  fines  or  penalties  which  may  be  adjudged  against  him,  her 
or  them,  for  any  violation,  during  the  term  of  such  license,  or  of  any 
of  the  ordinances  of  said  city  concerning,  regulating  or  governing 
retailers  of  liquors. 

Sec.  23.  (April  7,  1869)  — §  22.  License,  under  the  provisions 
hereof,  shall  be  granted  or  issued  for  a  less  term  than  one  year,  and  the 
person  or  persons  to  whom  it  is  granted  shall  be  subject  to  all  the 
provisions  of  the  charter,  and  all  the  ordinances  of  the  city  which 
now  are,  or  may  hereafter  be,  duly  and  legally  passed,  and  published, 
or  otherwise  enforced  in  said  city. 


*  Sets  $  2,  of  tkisi  ordinance. 


Cuvr.  11 


Li  cron?!. 


4)9 


Sec.  3.  (April  13,  1869)  —  §  23.  That  section  twenty-three  of 
said  ordinance  bo  amended  by  adding  the  word  uno,"  before  the  word 
‘‘license,”  in  the  first  line  of  said  section. 

Sec.  24.  (April  7,  1869)  —  §  24.  Whenever  any  persons, 
licensed  under  this,  or  any  other  ordinance  of  said  city,  to  retail 
liquors,  shall  be,  by  any  court  of  competent  jurisdiction,  adjudged 
to  pay  any  fine,  penalty  or  costs,  for  violating  the  ordinances  of 
said  city  regulating,  governing  or  concerning  retailers  of  liquors, 
it  shall  be  the  duty  of  the  City  Attorney,  City  Marshal,  Police  Con¬ 
stable,  or  other  officer  of  the  city,  making  complaint  in,  or  prosecuting 
the  cause  wherein  such  judgment  was  rendered,  and  each  and  all  such 
officers  immediately  to  report  such  judgment  to  the  Mayor,  and  if  any 
such  officer  shall  fail  or  refuse  to  make  such  report,  within  two  days 
after  the  rendition  of  such  judgment,  he  shall,  be  subject  to  a  penalty 
of  not  less  than  three  dollars. 


Sec.  25.  Whenever  any  person,  licensed  to  retail  liquors  as 
aforesaid,  shall  be  convicted  of  violating  any  ordinance  of  the  city 
concerning,  regulating  or  governing  retailers  of  liquors,  it  shall  be  the 
duty  of  the  Mayor  not  to  grant  such  persons  any  other  or  further 
license  to  retail  intoxicating  liquors  in  said  city,  until  the  fine  or  pen¬ 
alty  adjudged  against  such  person  for  such  violation  shall  have  been 
fully  paid  and  satisfied,  together  with  all  costs  therein,  or  the  case 
wherein  such  fine  or  penalty  was  adjudged  shall  have  been  duly 
appealed;  and  whenever  any  person,  licensed  to  retail  liquors  as  afore¬ 
said,  shall  have  been  twice  convicted  before  any  court  of  competent 
jurisdiction,  of  violating  any  such  ordinance  of  the  city,  it  shall  be  in 
the  discretion  of  the  Mayor,  to  refuse  such  persons  so  convicted  any 
other  or  further  license  to  retail  intoxicating  liquors  in  said  city;  and 
whenever  any  person  so  licensed,  as  aforesaid,  shall  have  been  three 
times  convicted,  before  any  such  court,  of  violating  any  such  ordinance, 
it  shall  be  the  duty  of  the  Mayor  forever  thereafter  to  refuse  to  grant 
such  person,  so  convicted,  any  license  to  sell  intoxicating  liquors  in 
said  city  :  Provided ,  hoivever ,  That  if  any  of  the  cases,  wherein  the 
person  licensed  as  aforesaid  shall  have  been  convicted  as  aforesaid, 
shall  be  appealed,  and  upon  the  hearing  of  such  cause  on  appeal,  such 
person  shall  be  found  not  to  be  guilty  of  the  violation  or  violations  for 
which  he  was  convicted  in  the  court  below ;  or  if  the  fine  or  penalty 
adjudged  for  such  violation,  whereof  he  may  be  convicted,  shall  be 
remitted  by  the  City  Council,  then  such  conviction  shall  not  be  consid¬ 
ered,  from  and  after  the  reversal  thereof,  or  the  remission  of  the  fine 
or  penalty  assessed  therefor,  as  a  conviction  within  the  meaning  of 
this  section,  so  as  to  bar  such  person  of  his  right  to  such  license. 

Ibid.  Sec.  26.  Whenever  any  person  shall  make  application  to 
the  Mayor  for  a  license  to  retail  intoxicating  liquors,  and  the  Mayor, 
or  Mayor  pro  tem .,  shall  be  satisfied  that  such  application  is  made  for 
the  benefit  of  any  other  person,  who  is  not  entitled  to  a  license  under 
the  provisions  of  this  ordinance,  or  that  any  such  person,  not  entitled 
to  a  license,  is  to  be  in  any  manner  interested  in  the  business  to  be 


Chap.  11. 


too 


LlQtfottS 


carried  on  under  such  license,  or  in  any  manner  employed  therein,  or 
if  he  shall  be  satisfied  that  such  application  is  made  for  the  purpose  of 
avoiding,  in  any  manner,  the  provisions  of  the  tenth  section  of  this 
ordinance,  he  shall  refuse  to  grant  such  license.  And  if  any  person 
shall  make  such  application  for  the  benefit  of  any  person  not  entitled 
to  a  license  under  the  provisions  hereof,  or  if  any  person  not  entitled 
to  such  license  shall  be  in  any  manner  interested  in  the  business  to  be 
carried  on  under  such  license,  or  shall  be  employed  as  an  agent,  clerk 
or  servant  in  such  business,  then  any  license  which  may  be  granted  on 
such  application  shall  be  absolutely  null  and  void. 

Sec.  28.  (April  7,  1869)  —  §  27.  No  person  or  persons,  or  body 
corporate,  shall,  within  the  limits  of  said  city,  make  or  manufacture 
any  ale,  beer,  or  other  malt  or  fermented  liquors,  or  any  intoxicating 
liquors,  under  a  penalty  of  not  less  than  fifty,  nor  more  than  one 
hundred  dollars  for  each  day  such  making  or  manufacturing  shall  be 
carried  on,  unless  a  license  from  the  City  Council,  as  in  other  cases, 
shall  first  be  obtained  for  that  purpose:  Provided ,  Such  license  shall 
be  granted  for  one  year,  and  the  party  applying  therefor  shall  pay 
into  the  city  treasury  the  sum  of  one  hundred  dollars. 

Sec.  4.  (April  13,  1869)  —  §  28.  Any  single  license,  provided 
for  in  this  act,  or  in  the  act  to  which  this  is  an  amendment,  shall  be 
granted  or  issued  to  only  one  applicant,  or  person,  and  any  license 
granted  or  issued  hereunder  to  two  or  more  persons,  is  hereby  declared 
null  and  void. 

Sec.  5.  (April  13,  1869)  —  §  29.  No  license  granted  under  the 
provisions  hereof,  shall  in  anywise  inure  to  the  benefit  of  any  person 
or  persons,  as  copartners  or  joint  owners,  in  keeping  or  maintaining 
any  saloon  or  place  for  the  sale  of  liquors,  ale  or  beer  (hotels  and 
taverns  excepted),  unless  each  of  such  copartners  or  joint  owners 
shall  have  paid  for  and  procured  such  license  in  his  own  name,  and  for 
his  own  benefit,  except  such  copartnerships  as.  now  exist. 

Sec.  1.  (June  29,  1868)  —  §  30.  The  sale  or  giving  away  of  any 
intoxicating  liquors,  whisky,  brandy,  wine,  gin,  ale,  lager  beer,  or  any 
alcoholic  drink,  by  any  person  or  persons  whosoever,  at  any  place  out¬ 
side  of  the  city  limits  of  the  City  of  Champaign,  and  within  one-half 
mile  thereof,  be,  and  the  same  is  hereby  declared  a  nuisance. 

Sec.  2.  (June  29,  1868) — §  31.  Any  person  who,  by  himself, 
his  servant,  agent  or  clerk,  shall  sell  or  give  away  any  of  the  articles 
named  in  the  foregoing  section,  in  violation  of  said  section,  after 
service  of  a  copy  of  this  ordinance  by  the  City  Marshal,  and  its  due 
publication,  as  required  by  law,  shall  be  fined  for  each  and  every 
offense,  not  less  than  fifty,  nor  more  than  one  hundred  dollars,  to  be 
recovered  by  suit,  as  in  other  cases  of  the  violation  of  the  ordinances 
of  said  city. 


Oiiap.  12. 


101 


L  Ail  PS,  *T<\ 


CHAPTER  XII. 


Lights  and  Lamp  Districts. 


AN  ORDINANCE  to  Provide  for  Lighting  the  Streets,  and  Creating 

Lamp  Districts. 


I.  Lamp  Dist.  No.  1,  Bounded.]  VI.  Lighting  Streets,  Tax  A s- 

II.  N  ew  Lamp  Districts ,  how  sessed  for. 

made.  VII.  Lamp  Posts,  Estimated  Cost 

III.  Lighting  Streets,  City  Coun-\  of,  how  made. 

cil  to  Proceed  how.  VIII.  Lamp  Posts,  Tax  Assessed 

IV.  Committee,  lleport  of.  |  for. 

V.  Lighting  Streets,  Estimates  IX.  Light  and  Posts,  Tax  As- 
of  Cost  of L  made  how.  j  sessed  for,  Generally. 

SECTON  1.  (Aug.  26,  1870.)  —  §  1.  Be  it  ordained  by  the  City 
Council  of  the  City  of  Champaign,  That  a  lamp  district  is  hereby 
created,  to  consist  of  and  to  include  all  that  territory  lying  within  the 
corporate  limits  of  the  City  of  Champaign,  and,  until  further  ordered, 
to  be  known  and  called  Lamp  District  No.  One  (1)  of  said  city. 

Ibid.  Sec.  2.  Whenever  the  City  Council  may  determine  to 
alter,  change,  divide  or  abolish  said  lamp  district,  they  shall  pass  a 
resolution  or  ordinance,  setting  out  clearly  the  alteration  or  change 
proposed;  and  if  new  lamp  districts  shall  be  made  of  any  part  of 
said  district  (No.  1),  said  resolution  or  ordinance  shall  describe  the 
new  district,  and  also  the  old  one,  after  said  new  district  has  been 
taken  from  it,  which  resolution  or  ordinance  shall  be  entered  in  full 
upon  the  records  of  the  City  Council. 

Ibid.  Sec.  3.  The  City  Council  shall  take  charge  of,  and  exer¬ 
cise  exclusive  control  of  the  laying  of  gas-pipes  in  the  streets,  of 
erecting  lamp  posts,  and  of  lighting  the  streets  within  any  lamp  district 
that  is  herein  or  may  hereafter  be  created.  Whenever  it  shall  be 
made  to  appear  to  the  City  Council,  by  petition  or  otherwise,  that  it  is 
necessary  to  light  a  street  or  streets,  or  any  part  of  a  street  or  streets, 
in  any  part  of  said  lamp  district,  or  districts,  that  may  hereafter  be 
created,  the  City  Council  may,  by  an  order  to  be  entered  upon  the 
records,  direct  the  committee  properly  having  charge  of  the  matter 
(or  a  special  committee,  if  desirous,)  to  examine  into  the  matter,  ascer¬ 
tain  how  many  lamp  posts  (if  any)  will  be  required,  the  place  where 
needed,  and  as  nearly  as  possible  the  cost  of  providing  and  erecting 
the  same,  and  make  report  at  the  next  meeting  of  the  Council. 

1  bid.  Sec.  4.  When  the  committee  shall  have  made  their  report, 
as  required  in  the  foregoing  section,  and  recommend  that  additional 
lights  be  provided  in  any  lamp  district  or  districts,  the  Council  may, 
by  a  resolution  or  ordinance,  to  be  entered  on  the  records,  direct  that 
lamp  posts  and  lamps  be  provided  and  erected  upon  the  place  or  places, 
and  within  the  district  or  districts  indicated  and  named  by  said  com¬ 
mittee,  and  under  the  direction  and  supervision  of  the  Street  Super- 


e hap.  if. 


102 


Lamps,  etc 


visor,  gas-pipes  to  be  laid  to  connect  with  the  same.  Or  may  take 
such  other  action  as  may  be  deemed  best:  Provided ,  That  should 
the  committee  report  against  furnishing  additional  light  in  any  part 
of  a  district  or  districts,  no  further  action  shall  be  had  in  relation 
thereto  at  that  meeting  of  the  Board. 

Ibid.  Sec.  5.  Upon  the  passage  of  this-  ordinance,  or  as  soon 
thereafter  as-  practicable,  the  City  Council  shall  estimate,  or  cause  to 
be  estimated,  the  cost  of  lighting  the  streets  of  the  City  of  Champaign, 
within  said  Lamp  District  No.  One,  for  the  present  fiscal  year,  and  at 
the  commencement  of  each  fiscal  year  thereafter  they  shall’ cause  such 
estimates  to  be  made  for  said  Lamp  District  No.  One,  and  such  other 
lamp  districts  as  may  hereafter  be  created  —  the  estimates  to  be  made 
for  each  district  separately,  and  all  the  cost  of  lighting  the  streets 
within  said  Lamp  District  No.  One,  incurred  by  the  City  of  Cham¬ 
paign,  to  the  passage  of  this  ordinance,  shall  be  included  in  the  esti¬ 
mate  first  to  be  made. 

Ibid.  Sec.  f>.  When  the  estimate,  as  required  by  the  foregoing 
section,  shall  have  been  made,  the  City  Council  shall  levy  and  assess 
upon  all  the  property  within  said  Lamp  District  No.  One,  taxable  for 
general  purposes,  a  tax  equal  to  one-half  of  the  estimated  cost  of 
lighting  the  streets  as  aforesaid  within  said  district,  and  each  year  there¬ 
after  shall  levy  and  assess  such  tax  upon  the  said  property  within  the 
said  Lamp  District  No.  One  (1),  and  such  other  lamp  districts  as  may 
hereafter  be  made,  and  such  tax,  so  levied  and  assessed,  shall  in  all 
cases  be  equal  to  one-half  the  estimated  cost  of  lighting  the  streets 
within  said  district  or  districts  for  the  year  in  which  said  tax  is  to  be 
levied.  The  levying,  assessing  and  collecting  of  the  tax,  as  herein 
provided,  shall  be  in  accordance  with  the  provisions  and  requirements 
of  an  ordinance,  entitled  “an  ordinance  regulating  the  assessment 
and  collection  of  taxes.” 

Ibid.  Sec.  7,  Upon  the  passage  of  this  ordinance,  the  City 
Council  shall  estimate,  or  cause  to  be  estimated,  the  cost  of  providing 
and  erecting  lamp  posts  already  erected  within  said  Lamp  District 
No.  One  (1),  also  the  cost  to  the  said  City  of  Champaign  of  providing 
and  erecting  necessary  lamp  posts  within  said  district,  to  the  end  of 
the  present  fiscal  year;  and  at  the  commencement  of  each  fiscal  year 
thereafter,  the  City  Council  shall  cause  an  estimate  be  made  of  the 
necessary  expense  in  providing  and  erecting  lamp  posts  within  said 
Lamp  District  No.  One,  and  such  other  lamp  districts  as  may  be 
hereafter  created,  the  estimates  to  be  made  for  each  district  separately. 

Ibid.  Sec.  8.  When  the  estimate,  as  required  by  the  foregoing 
section,  shall  have  been  made,  the  City  Council  shall  levy  and  assess 
a  tax  upon  all  the  property  within  said  Lamp  District  No.  One(l),  that 
shall  be  equal  to  one-half  of  the  estimated  cost  of  providing  and 
erecting  lamp  posts  within  said  district  as  aforesaid,  and  shall  annually 
thereafter  levy  and  assess  such  tax  for  said  district,  or  such  other  dis¬ 
tricts  that  may  hereafter  be  made,  the  same  to  be  levied,  assessed  and 
collected  as  required  by  section  six  of  this  ordinance. 


Crap.  13. 


103 


Misdemeanors. 


Ibid.  Sec.  9.  The  City  Council  shall  also,  at  the  time  of  making 
levy  and  assessment  of  taxes  as  hereinbefore  provided,  levy  and 
assess,  upon  all  the  property  of  the  City  of  Champaign,  taxable  for 
general  purposes,  a  tax  that  shall  be  equal  to  one-half  of  the  estimated 
cost  of  lighting  the  streets,  and  of  providing  and  erecting  lamp  posts 
in  all  of  the  said  lamp  districts  hereby  created,  or  that  may  hereafter 
be  made,  which  tax  shall  be  levied,  assessed  and  collected  as  required 
by  section  six  of  this  ordinance:  Provided ,  That  the  tax  mentioned 
in  this  section  shall  not  exceed  five  mills  on  the  dollar  of  the  assessed 
value  of  said  property,  as  returned  by  the  Assessor. 


CHAPTER  XIIL 


Misdemeanors.* 


AN  ORDINANCE  Concerning  Misdemeanors. 


I,  Public  Peace  and  Safety,  Dis¬ 
turbance  of 

II.  Assaults ,  Penalty  of. 

III.  Disorderly  Conduct.  Penalty. 

IV.  Disorderly  Assemblages ,  Pen¬ 

alty  of 

V.  Unlawful  Acts ,  Abetting  of 

VJ.  k  VII.  Public  Assemblies,  Disturb¬ 
ance  of 

VIII.  False  Fire  Alarm,  Penalty  of 

IX.  Intoxicated  in  Public  Place, 
Penalty  of. 

X.  Indecent  Exposure  of  Person, 
Penalty  of 

XI.  Selling  Obscene  Books,  Pen¬ 
alty  of. 

XII.  Drawing  Obscene  Cuts,  Pen¬ 
alty  of. 

XIII.  Indecent  Exposure  of  -Stud- 
Horse,  Penalty  of 

XIV.  &  XV.  Gambling,  Penalty  of 

XVI.  Bawdy  House,  Keeping  of 
Penalty  of 

XVII.  Vagrants  and  Swindlers,  Pen¬ 
alty  of. 

XVIII.  k  XIX.  Sunday,  Disturbance  on, 
Penalty  of 

XX.  Sunday,  Labor  on,  Penalty  of 

XXL  Animals,  Cruelty  to,  “  “ 

XXII.  Public  Property,  Injury  of 
Penalty  of 

XXIII.  Tomb  Stones  and  Cemeteries. 
Injury  of,  Penalty  of. 

XXIV.  to  XXVII.  Street  Lamps,  etc.,  Of¬ 
fenses  to,  Penalty  of 


XXVIII. 

XXIX. 

XXXIII. 

XXXIV, 

XXXV. 

XXXVI, 

XXXVII. 

XXXVIII. 

XXXIX. 

XL. 

XLI. 

XLII. 

XLIII. 

XLIV. 

LL 

L  VI. 

LVII. 

LXI. 


Trees  and  Fences ,  Hitching 
to,  Penalty  of. 

Handbills,  Posting  of,  Pen¬ 
alty  of. 

Shooting  in  the  City,  Penalty . 

of 

Poison,  Selling  of ,  Penalty  of 

Cellar  Doors,  etc.,  Leaving 
Opcn,  etc.,  Penalty  of 

Excavations,  etc.,  Unprotect¬ 
ed,  etc.,  Penalty  of. 

Meats  Diseased,  Selling  of, 
Penalty  of 

False  Weights  and  Measures , 
Using  of,  Penalty  of 

Officer ,  Pretending  to  be  one, 
Penalty  of. 

Officer,  Resisting ,  Penalty  of. 

Officer,  Rescuing  Prisoner 
from,  Penalty  of. 

Officer,  may  Summon  Assist¬ 
ance.  • 

Officer,  Neglect  of  Duty,  Pen¬ 
alty  of. 

Sidewalk ,  Obstruction  on. 
Penalty  of. 

Sidewalk,  Breaking  of  Exca¬ 
vating,  etc.,  Penalty  of. 

Same,  Obstructions  by  Mer¬ 
chandise,  Penalty  of. 

Same ,  Obstructions  by  Teams , 
Penally  of 

Same ,  Use  Three  Feet  'of 
Signs,  etc.  Penalty  of 


-See  ante,  .page  Go. 


Chaf.  13. 


104 


MISDEMEANORS. 


LXII.  Same ,  Moving  Goods  upon.  LIX. 

LXI1I.  Same,  Driving  upon,  Penalty 

of.  LX. 

LX  IV.  Same,  Leaving  Teams  upon. 

Penalty  of.  LX VI. 

LXV.  Same,  to  be  Kept  Free  from 

Snow,  Penalty  of  LII. 

LX VII.  Same,  Water  Falling  upon, 

Penalty  of.  LXVIII. 

XXX.  Streets,  Rapid  Driving  on, 

Penally  of.  LXIX. 

XXXI.  Same,  Teams  Unhitched  upon, 

Penally  of  i  LXX. 

XXXII.  Same,  Teams  Meeting .  Turn  to\ 

the  Right ,  Penally  of.  \  LXXI. 

XLV.  Same,  Moving  Building^ 

through,,  Penalty  oj.  !  LXXII. 

XLVI.  to  XLIX.  Same,  Enclosures  upon, 

Penalty  of  LXXIIL 

L.  Same,  Incumbering  of  Pen 
ally  o  f 

XL  IX.  Same,  Removing  Incumbrance 
Cost  of 

LI II.  Same,  Removinq  Earth  from, 

Penalty  of 

LTV.  Same ,  Throwing  Ashes  into,  LXXVII. 
Penalty  of 

LV.  Same,  Throwing  Live  Coals 

or  Fire  into,  Penalty  of 

LVIII.  Same ,  Encroachments  upon , 

Penalty  of. 


LXXIV. 

LXXV. 

LXXVI. 


LXXVIII. 

LXXIX. 


Division  I. 


Offenses  against  Public 
Safety. 


Same,  Encroachments  by 
Stairway ,  Penalty  of 

Same,  Removed,  not  to  be  Re¬ 
built,  Penally  of 

Crossings,  Stopping  upon , 
Penalty  of 

Corners,  Removing  of  P<n - 
ally  of 

Boys  Disturbing  an  Assem¬ 
bly,  Penalty  of 

Boys  Rolling  Hoops,  etc., 
Penally  of 

Boys  Throwing  Stones,  Pen¬ 
alty  of. 

Boys  Disturbing  Religious 
Assemblies,  Penalty  of. 

Boys,  Abetting  Violations , 
etc.,  Penalty  of. 

License ,  Persons  without  not 
to  have  Signs. 

Boys  about.  Depot,  Penalty,  of 

Boys  Hindering  R.  R.  Em¬ 
ployees,  Penalty  of 

Boys  Jumping  on  Cars ,  Pen¬ 
alty  of 

See.  5  Amended  and  Con¬ 
strued. 

Witnesses  must  Answer. 

Amending  Sec.  33. 


Peace,  Morals  and 


Section  1.  (Feb.  14,  1860.)  Be  it  ordained  by  the  City  Council 
of  the  City  of  Champaign ,  That  any  two  or  more  persons,  who  shall 
assemble  for  the  purpose  of  disturbing  the  peace,  or  of  committing  any 
unlawful  act,  and  who  shall  not  disperse  when  commanded  or  requested 
by  any  peace  officer,  shall  each  and  severally  be  subject  to  a  penalty 
of  not  less  than  three  dollars. 

Ibid.  Sec.  2.  Whoever  shall  assault,  strike  or  fight  another,  or 
shall  be  guilty  of  any  conduct  calculated  to  provoke  a  breach  of  the 
peace,  shall  he  subject  to  a  penalty  of  not  less  than  three  dollars. 

I  bid.  Sec.  8.  Whoever  shall  disturb  the  peace,  or  shall  be  guilty 
of  any  violent,  tumultuous,  offensive  or  disorderly  conduct,  or  shall 
make  any  loud  or  unusual  noise  or  disturbance,  or  shall  use  obscene, 
offensive,  profane  or  unseemly  language,  to  the  annoyance,  distubance 
or  vexation  of  others,  shall  be  subject  to  a  penalty  of  not  loss  than 
three  dollars. 

Ibid.  Sec.  4.  Whoever  shall  knowingly  suffer  or  permit  any 
assemblage  for  the  purpose  of  disturbing  the  peace,  or  of  committing 
any  unlawful  act,  or  any  breach  of  the  peace,  or  any  riotous,  tumult¬ 
uous,  offensive  or  disorderly  conduct,  or  any  loud  or  unusual  noise  or 
disturbance,  or  obscene,  offensive,  profane  or  unseemly  language,  to- 


1  «;'► 


M 1 S I  >  t£M  E  A  X  ORS . 


Chap.  l:>, 


the  annoyance,  disturbance  or  vexation  of  others,  in  or  upon  any 
premises  owned  or  occupied  by  him,  under  his  control,  shall  be  subject 
to  a  penalty  of  not  less  than  three  dollars. 

*Ibid.  Sec.  5.  Whoever  shall  abet  or  encourage  any  unlawful 
act,  or  any  violation  of  any  ordinance  of  the  city,  shall  be  subject  to 
a  penalty  of  not  less  than  three  dollars. 

Ibid.  Sec.  6.  Whoever  shall  willfully  or  heedlessly  disturb  any 
assembly  of  persons,  met  together  for  religious  worship,  shall  be  sub¬ 
ject  to  a  penalty  of  not  less  than  five  dollars. 

Ibid.  Sec.  7.  Whoever  shall  willfully  or  heedlessly  disturb  any 
lawful  assemblage  of  persons,  or  shall,  on  the  Sabbath  day,  willfully 
or  heedlessly  disturb  the  peace  or  quiet  of  any  private  family,  shall  be 
subject  to  a  penalty  of  not  less  than  three  dollars. 

1  bid.  Sec.  8.  Whoever  shall  make  a  false  alarm  of  fire,  or  any 
false  cry  for  assistance,  shall  be  subject  to  a  penalty  of  not  less  than 
three  dollars. 

1  bid.  Sec.  9.  Whoever  shall  be  found  in  a  state  of  intoxication 
in  any  public  place,  or  in  any  place  open  to  public  view,  shall  be  sub¬ 
ject  to  a  penalty  of  not  less  than  three  dollars. 

Ibid.  Sec.  10.  Whoever  shall  purposely  or  publicly  make  any 
indecent  exposure  of  his  or  her  person,  or  shall  appear  in  a  dress  not 
belonging  to  his  or  her  sex,  or  in  an  indecent  or  leva!  dress,  or  in  a 
state  of  nudity,  or  shall  be  guilty  of  any  other  indecent  or  lewd  act 
or  behavior,  shall  be  subject  to  a  penalty  of  not  less  than  five  dollars. 

Ibid.  Sec.  11.  Whoever  shall  exhibit,  sell,  or  offer  to  sell,  any 
indecent,  obscene  or  lewd  book,  picture,  statue,  or  other  thing,  or  shall 
exhibit  or  peform  any  indecent,  obscene  or  lewd  play,  exhibition  or 
other  representation,  shall  be  subject  to  a  penalty  of  not  less  than  five 
dollars. 

Ibid.  Sec.  12.  Whoever  shall,  in  any  place  open  to  public  view, 
write,  mark,  draw,  cut,  or  make  any  obscene,  lewd  or  indecent  word 
or  sentence,  design  or  figure,  shall  be  subject  to  a  penalty  of  not  less  than 
five  dollars. 

Ibid.  Sec.  13.  Whoever  shall  indecently  exhibit  any  stud  horse, 
bull,  jackass,  or  other  animal,  in  any  public  place,  or  shall  let  any 
such  animal,  except  in  some  inclosed  place,  out  of  public  viewy  shall 
be  subject  to  a  penalty  of  not  less  than  five  dollars. 

Ibid.  Sec.  14.  Whoever  shall,  in  any  manner.  gam[ble]  or  raffle 
for  any  money  or  thing  of  value,  or  for  any  check  or  other  thing  rep¬ 
resenting,  or  intended  to  represent  the  same,  or  shall  set  up  any 
lottery,  or  shall  sell  or  dispose  of,  for  gain,  any  ticket,  chance  or 
share  in  any  lottery,  shall  be  subject  to  a  penalty  of  not  less  than 
twenty-five  dollars  in  each  case. 

Ibid.  Sec.  15.  Whoever  shall  knowingly  suffer  or  permit  any 
species  of  gaming,  for  money  or  any  other  thing  of  value,  or  for  any 
check  or  other  thing  intended  to  represent  the  same,  in  any  house  or 
premises  owned  or  occupied  by  him,  under  his  control,  or  shall  keep 

*  Sec  77  and  7S. 

14 


Chap.  13. 


106 


MlSDEMEAXOHS. 


or  have  in  his  possession  any  gaming  implements,  for  the  purpose  of 
gaming  therewith,  shall  be  subject  to  a  penalty  of  not  less  than  twenty- 
iivejdollars  in  each  case. 

Ibid.  Sec.  16.  Whoever  shall  keep,  maintain,  frequent,  be  an 
inmate  of,  or  connected  with,  or  contribute  to  the  support  of,  any 
disorderly,  gaming  or  bawdy  house,  house  of  ill  fame,  or  of  assigna¬ 
tion,  or  any  place  for  the  practice  of  fornication,  or  shall  knowingly 
suffer  or  permit  any  premises  owned  or  occupied  by  him,  under  his 
control,  to  be  used  for  any  such  purpose,  shall  be  subject  to  a  penalty 
of  not  less  than  twenty-five  dollars. 

Ibid .  Sec.  IT.  Any  person,  able  to  work  and  maintain  himself 
in  some  honest  and  respectable  calling,  not  having  visible  means  of 
support,  who  shall  live  idly  without  employment,  or  loiter,  or  stroll 
about  begging,  or  frequenting  gaming  houses,  disorderly  or  bawdy 
houses,  groceries,  tippling  houses,  or  other  places  where  intoxicating 
liquors  are  sold,  or  who  shall  otherwise  lead  an  idle  or  profligate 
course  of  life  ;  or  any  person  who  shall  keep  any  gaming  house,  or 
keep  or  exhibit  any  gaming  implements,  for  the  purpose  of  gaming 
therewith,  or  shall  pursue  gaming,  or  who  shall  keep,  maintain,  or  be 
an  inmate  of  any  house  of  prostitution,  or  who  shall  have  in  his  pos¬ 
session  any  implement  used  for  counterfeiting,  or  for  the  commission 
of  burglary,  or  for  picking  locks  or  pockets,  or  any  Mexican  puzzle, 
or  other  implement  or  device  used  by  cheats  and  swindlers,  without 
being  able  to  give  a  good  account  of  his  possession  of  the  same;  or 
who  shall  trespass  upon  private  property  in  the  night  time,  or  habitu¬ 
ally  sleep  in  sheds,  stables,  out-houses,  or  in  the  open  air,  without 
being  able  to  give  a  good  account  of  himself  or  herself,  shall  be 
deemed  a  vagrant,  and  shall  be  subject  to  a  penalty  of  not  less  than 
twenty-five  dollars. 

Ibid.  Sec.  18.  Whoever  shall,  on  Sunday,  keep  open  any  billiard 
room,  ball  or  pin  alley,  house,  ground,  or  other  place  of  amusement, 
or  shall  suffer  or  permit  persons  to  assemble  therein  for  the  purpose 
of  amusement  or  play,  shall  be  subject  to  a  penalty  of  not  less  than 
five  dollars. 

Ibid.  Sec.  19.  Whoever  shall,  on  Sunday,  disturb  the  peace  or 
good  order  of  society,  by  any  play  or  amusement,  shall  be  subject  to 
a  penalty  of  not  less  than  three  dollars. 

I  bid.  Sec.  20.  Whoever  shall,  on  Sunday  (except  in  case  of 
"necessity,  or  for  charitable  purposes,  or  where  the  party  shall  con¬ 
scientiously  observe  some  other  day  of  the  week  as  the  Sabbath),  keep 
open  his  place  of  business,  or  pursue  his  daily  business  or  avocation, 
shall  be  subject  to  a  penalty  of  not  less  than  three  dollars. 

Ibid.  Sec.  21.  Whoever  shall  inhumanly,  cruelly,  or  unnecessa¬ 
rily  beat,  abuse,  or  otherwise  maltreat  any  dumb  animal,  shall  be  sub¬ 
ject  to  a  penalty  of  not  less  than  three  dollars. 

Ibid.  Sec.  22.  Whoever  shall  willfully,  maliciously  or  negli¬ 
gently  break,  deface,  destroy,  or  otherwise  injure  any  public  property 
of  the  State,  county  or  city,  or  any  private  property,  shall  be  subject 


107 


Misdemeanor 


Chat*,  lib 


to  a  penalty  of  not  less  than  three  dollars,  and  shall  also  be  liable  for 
the  costs  and  expenses  of  repairing  the  injuries  committed,  which 
shall  be  added  to  the  penalty  anc|  constitute  a  part  thereof. 

Ibid.  Sec.  23.  Whoever  shall  carry  away  or  remove,  or  shall 
willfully,  maliciously  or  negligently  break,  deface,  destroy,  or  otherwise 
injure  any  monument,  tomb-stone,  tree,  shrub,  railing,  fence,  or  any 
other  property,  or  article  or  thing,  belonging  to  any  cemetery  or 
burying-ground  within  the  city,  or  placed  or  erected  therein  for  orna¬ 
ment  or  otherwise,  or  shall  trespass  upon  or  maltreat  any  grave 
therein,  shall  be  subject  to  a  penalty  of  not  less  than  ten  dollars,  and, 
in  addition  thereto,  the  expenses  which  may  be  incurred  in  repairing 
the  injuries  committed,  shall  be  added  to  the  penalty  and  included  in 
the  judgment. 

Ibid.  Sec.  24.  Whoever  shall  willfully,  maliciously  or  negli¬ 
gently  break,  deface,  destroy,  or  in  any  manner  injure  any  street 
lamp,  or  lamp  post,  or  telegraph  post,  or  telegraph  wire,  shall  be 
subject  to  a  penalty  of  not  less  than  five  dollars,  and,  in  addition 
thereto,  the  amount  of  costs  and  expenses  of  repairing  the  injuries 
committed  shall  be  added  to  the  penalty  and  form  a  part  thereof. 

Ibid.  Sec.  25.  Whoever  shall,  without  due  authority,  light  or 
extinguish  any  street  lamp,  shall  be  subject  to  a  penalty  of  not  less 
than  five  dollars. 

Ibid.  Sec.  26.  Whoever  shall  climb  upon  any  street  lamp  post, 
or  fasten  any  horse  or  other  animal  thereto,  or  shall  hang  or  place 
any  goods,  boxes,  wood,  or  other  substance  upon  or  against  the  same, 
shall  be  subject  to  a  penalty  of  not  less  than  three  dollars. 

Ibid.  Sec.  27.  Whoever  shall  willfully  remove,  injure,  destroy 
or  carry  away  any  cap  or  lid  placed  upon  the  service  boxes  of  the  gas 
light  company,  upon  the  sidewalks  in  the  city,  shall  be  subject  to  a 
penalty  of  not  less  than  ten  dollars. 

Ibid.  Sec.  28.  Whoever  shall,  without  the  consent  of  the  owner 
or  occupant  of  the  premises,  fasten  any  horse  or  other  animal  to  any 
fence,  railing  or  tree,  or  to  any  boxing  placed  around  any  tree ;  or 
shall  willfully,  maliciously  or  negligently,  in  any  manner,  injure, 
deface,  remove  or  destroy  any  ornamental  or  shade  tree,  or  boxing 
placed  around  the  same,  or  any  shrub,  fence,  railing,  gate  or  sign, 
upon  any  public  grounds,  sidewalk,  or  private  premises ;  or  shall 
trespass  upon  any  private  premises  or  public  grounds,  and  injure, 
carry  away  or  destroy  any  tree,  fruit,  vegetable,  plant,  shrub,  or  other 
thing  which  may  be  therein,  for  ornament  or  otherwise,  shall  be  subject 
to  a  penalty  of  not  less  than  three  dollars. 

Ibid.  Sec.  29.  Whoever  shall,  without  the  consent  of  the  owner 
or  occupant  of  the  premises,  post,  put  up,  stick  or  place  any  hand-bill, 
placard,  show-bill  or  notice,  upon  any  building  or  fence;  or  shall 
mark,  cut,  scratch,  or  otherwise  deface  any  fence,  or  any  part  of  any 
building,  shall  be  subject  to  a  penalty  of  not  less  than  three  dollars. 

Ibid.  Sec.  30.  Whoever  shall  purposely  and  rapidly  or  immod¬ 
erately  ride  or  drive  anv  horse,  or  mule,  or  any  cattle,  or  other  like 


OhaF\  l:i.  108  MisDEMVAVORS. 


animals,  or  any  team,  in  any  street  or  alley  in  the  inhabited  part  of 
the  city,  may  he  stopped  by  any  person,  and  shall  be  stopped  by  any 
police  officer,  and  shall  be  subject  to  a  penalty  of  not  less  than  three 
dollars. 

Ibid.  Sec.  31.  Whoever  shall  leave  any  horse  or  mule,  or  any 
team,  in  any  uninclosed  or  public  place,  without  being  fastened, 
guarded  or  secured,  so  as  to  prevent  its  running  away,  shall  be  subject 
to  a  penalty  of  not  less  than  three  dollars. 

Ibid .  Sec.  32.  All  persons  meeting  each  other  in  vehicles,  in 
the  street  or  alleys,  or  in  any  public  place,  or  upon  or  near  any 
bridge,  shall,  unless  the  nature  or  state  of  the  roadway  or  passway 
shall  render  it  impracticable,  each  turn  and  drive  to  the  right  side,  so 
as  to  pass  each  other  without  accident  or  injury.  Whoever  shall 
violate  the  requirements  of  this  section  shall  be  subject  to  a  penalty 
of  not  less  than  three  dollars,  and  shall  be  likewise  liable  for  all 
damages  that  may  occur  from  collision,  unless  it  be  satisfactorily  shov.  n 
that  the  same  occurred  from  the  fault  or  misconduct  of  the  other 
party. 

*Ibid.  Sec.  33.  Whoever  shall,  in  the  inhabited  part  of  the  city, 
fire  or  disharge  any  cannon,  gun  or  pistol,  or  other  fire-arm,  or  shall 
set  off  or  explode  any  torpedo,  fire-cracker,  fire-ball  or  rocket,  or  other 
fire-works  whatever,  or  shall  make  or  kindle  any  bonfire,  shall  be 
subject  to  a  penalty  of  not  less  than  three  dollars.  But  the  discharge 
of  fire-arms,  the  setting  or  exploding  of  fire-works,  and  the  making 
of  bonfires  upon  national  holidays,  and  the  celebration  of  other  public 
and  general  events,  or  the  discharge  of  fire-arms  by  the  members  of 
any  military  company,  when  on  parade,  and  in  accordance  with  the 
command  of  the  commanding  officer,  or  by  any  city  officer  or  person, 
in  the  discharge  of  any  legal  duty  or  lawful  act,  when  the  same  may 
be  done  in  such  a  manner  as  not  to  endanger,  or  be  likely  to  endanger, 
the  safety  of  any  person  or  the  injury  of  any  property,  shall  not  bo 
deemed  violations  hereof. 

Ibid.  Sec.  34.  Whoever  shall  keep,  sell,  or  deliver  any  poison, 
usually  known  or  used  as  deadly  poison,  without  legibly  marking  the 
name  thereof,  or  the  word,  “poison,”  upon  the  vial,  wrapper,  or  other 
inclosure  containing  the  same;  or  whoever  shall  sell  or  deliver  any 
arsenic,  strychnine,  prussic  acid,  or  other  poison,  usually  known  or 
used  as  a  deadly  poison,  to  any  person  known  to  him,  without  register¬ 
ing  the  name  of  such  person,  and  the  kind  and  quantity  of  the  poison 
sold  or  delivered,  and  the  purpose  for  which  the  same  was  obtained; 
or,  whoever  shall  sell  or  deliver  any  such  poison  to  any  person  to  him 
unknown,  shall  be  subject  to  a  penalty  of  not  loss  than  five  dollars  in 
each  case.  But  the  sale  or  delivery  of  any  such  poison  as  a  medicine, 
upon  the  prescription  of  a  practicing,  physician,  shall  not  be  deemed 
a  violation  of  this  section. 

Ibid.  Sec.  36.  Whoever  shall,  in  the  night  time,  leave  open  any 
cellar,  cellar  door,  vault,  well,  cistern,  excavation,  ditch,  or  other  like 


*  .'V  jj  T'J. 


Chip.  13. 


109 


M  ISDKil  KAN  OHS 


hole,  upon  or  adjoining  any  street,  alley  or  sidewalk,  without  securing 
and  protecting  the  same,  so  as  not  to  endanger  the  safety  of  persons 
or  animals  passing  thereby,  from  falling  therein,  shall  be  subject  to  a 
penalty  of  not  less  than  three  dollars. 

Ibid.  Sec.  36.  Any  contractor  for  any  public  work,  officer,  or 
other  person,  making  any  excavation  upon  or  adjoining  any  street, 
alley  or  sidewalk,  or  having  the  same  in  charge,  who  shall,  in  the  night 
time,  leave  the  same  open  and  unprotected,  so  as  to  endanger  the 
safety  of  persons  or  animals,  passing  thereby,  from  falling  therein, 
shall  be  subject  to  a  penalty  of  not  less  than  three  dollars. 

Ibid.  Sec.  37.  Whoever  shall  knowingly  sell,  expose,  or  offer 
for  sale,  any  sick  or  diseased  animal,  poultry  or  fish,  to  be  used  or 
eaten  for  food,  or  the  flesh  of  any  sick,  diseased,  or  otherwise  unwhole¬ 
some  dead  animal,  poultry  or  fish,  or  the  flesh  of  any  animal,  fowl  or 
fish,  not  usually  used  or  deemed  wholesome  for  food,  or  any  unsound 
or  unwholesome  provisions  or  article  of  food  whatever,  or  any  adulter¬ 
ated  or  pernicious  milk,  drink  or  liquors,  shall  be  subject  to  a  penalty 
of  not  less  than  ten  dollars  in  each  case;  and  the  Mayor,  or  any  police 
officer,  shall  seize,  or  cause  to  be  seized  and  destroyed,  any  such  food, 
milk,  drink,  or  other  provisions,  so  exposed  or  offered  for  sale. 

Ibid.  Sec.  38.  Whoever  shall  knowingly  use  any  false  scale, 
beam,  weight  or  measure,  in  the  purchase  or  sale,  receipt  or  delivery 
of  any  goods,  article  or  property,  purchased  or  sold,  received  or  deliv¬ 
ered,  by  weight  or  measure;  or  shall  use  any  weight  or  measure  for 
the  purchase  or  sale,  receipt  or  delivery  of  any  goods,  article  or  prop¬ 
erty,  purchased  or  sold,  received  or  delivered,  by  weight  or  measure, 
knowing  the  same  to  be  materially  inaccurate  and  different  from  the 
standard  prescribed  by  the  State;  or  shall  sell  or  deliver  any  goods, 
article  or  property,  sold  or  delivered  by  weight  or  measure,  and  pur¬ 
porting  to  be  of  a  certain  weight  or  measure,  knowing  the  same  to  be 
materially  less  than  the  true  weight  or  measure  for  which  the  same 
[was]  sold  or  delivered,  shall  be  subject  to  a  penalty  of  not  less  than 
ten  dollars  in  each  case. 

Division  II. —  Offenses  against  Official  Authority. 

Ibid.  Sec.  39.  Whoever  shall  falsely  represent  himself  to  be  an 
■officer  of  this  city,  or  shall,  without  authority,  exercise,  or  attempt  to 
exercise  any  of  the  powers,  duties  or  functions  of  any  city  officer, 
shall  be  subject  to  a  penalty  of  not  less  than  ten  dollars. 

Ibid.  Sec.  40.  Whoever  shall  willfully  hinder,  delay,  resist  or 
obstruct  any  city  officer,  or  any  person  legally  authorized  by  him,  in 
the  discharge  of  his  duty,  or  shall  aid,  abet  or  encourage  any  such 
hindering,  delaying,  resisting  or  obstructing,  or  shall  neglect  or  refuse 
to  obey  any  lawful  order  or  directions  of  any  such  officer,  shall  be 
subject  to  a  peo.alty  of  not  less  than  three  dollars. 

Ibid.  Sec.  41.  Whoever  shall  rescue,  or  attempt  to  rescue,  or 
shall  abet  or  encourage  the  rescue  or  escape  of  any  person  from  the 
custody  of  any  officer,  or  other  person  legally  having  him  in  charge. 


CltJLF'  13. 


MlSDKkflAiTOKlif. 


or  shall  molest  or  interfere  with  any  officer,  or  other  person  so  legally 
having  any  person  in  custody ;  or  shall,  in  any  manner,  aid,  abet  or 
encourage  the  rescue  or  escape,  or  the  attempt  to  escape,  from  any 
prison  of  any  person  legally  committed  thereto,  or  shall  supply,  or 
attempt  to  supply,  any  such  person  with  any  -weapon,  or  with  any 
implement  or  means  of  escape,  or  for  attempting  to  escape,  or  with 
any  intoxicating  liquors,  shall,  in  each  case,  be  subject  to  a  penalty  of 
not  less  than  twenty-five  dollars. 

V 

Ibid.  Sec.  42.  Any  police  officer  may  call  upon  any  white  male 
person,  above  the  age  of  eighteen  years,  to  aid  him  in  the  arrest, 
retaking  or  custody  of  any  person  having  committed  any  unlawful  act, 
or  to  aid  in  preventing  the  commission  of  any  unlawful  act,  and 
whoever  shall  neglect  or  refuse  to  give  such  aid  and  assistance,  when 
so  required,  shall  be  subject  to  a  penalty  of  not  less  than  five  dollars. 

Ibid ,  Sec.  43.-  Any  city  officer  who  shall  willfully  fail,  neglect 
or  refuse  to  perform  any  duty  required  of  him  by  the  city  charter,  or 
the  ordinances  of  the  city,  or  who  shall  be  guilty  of  any  misfeasance, 
malfeasance,  or  improper  conduct  in  the  discharge  of  any  of  the 
duties  of  his  office,  shall  be  subject  to-a  penalty  of  not  less  than  ten 
dollars,  and  may  be  removed  from  office. 

Division  III.  —  Offenses  Affecting  the  Streets,  Alleys  and 

Sidewalks. 

Ibid .  Sec.  44.  Ho  builder  or  other  person  shall  encumber  or 
obstruct  any  street  or  alley  with  building  or  other  like  materials, 
without  a  written  permit  from  the  Mayor;  nor  shall,  except  in  case  of 
urgent  necessity,  and  for  a  short  time,  encumber  or  obstruct  more  than 
one-third  of  any  street  or  alley,  or  one-half  of  the  sidewalk;  nor  shall 
such  obstruction  continue,  in  any  case,  longer  than  may  be  necessary 
in  the  diligent  erection  of  such  building,  or  the  prompt  execution  of 
the  work.  Whoever  shall  violate  any  provision  of  this  section  shall 
he  subject  to  a  penalty  of  not  less  than  five  dollars,  and  to  an  addi¬ 
tional  penalty  of  not  less  than  three  dollars  [for  each  day]  he  shall 
continue  in  violation  thereof. 

Ibid.  Sec.  45.  No  person  shall  remove,  or  cause  to  be  removed, 
or  aid  in  removing  any  building,  through  or  across  any  street  or  alley, 
without  a  written  permit  from  the  Mayor;  nor  shall,  in  removing  such 
building,  unnecessarily  encumber  or  obstruct  any  street  or  alley,  nor 
for  a  longer  time  than  may  be  necessary  in  the  prompt  and  diligent 
removal  of  such  building,  under  a  penalty  of  not  less  than  ten  dollars 
in  each  case,  and  an  additonal  penalty  of  not  less  than  three  dollars  for 
each  day  such  building  shall  unnecessarily  remain  in  any  street  or  alley. 

Ibid.  Sec.  46.  Ho  person  shall  make,  or  cause  to  be  made,  any 
erection  or  inclosure,  encroaching,  in  whole  or  in  part,  upon  any 
street,  alley  or  sidewalk,  under  a  penalty  of  not  less  twenty  dollars, 
and  an  additional  penalty  of  not  less  than  three  dollars  for  each  day 
the  same  shall  remain  after  notice  by  the  Mayor,  the  Marshal,  or  the 
Supervisor,,  to  remove  tile  same. 


Oh  a i*.  13. 


Ill 


Misdimkanorb. 


Ibid.  Sec.  47.  Whoever  shall  make  anv  erection  or  enclosure 

mf 

upon  or  along  any  street  or  alley,  without  first  ascertaining  the  line 
thereof,  from  the  City  Surveyor  and  Engineer,  shall  be  subject  to  % 
penalty  of  ten  dollars. 

Ibid.  ::;Sec.  48.  The  owner  of  any  erection  or  inclosure,  already 
erected  or  placed,  and  encroaching  upon  any  street  or  alley,  who  shall 
not  remove  the  same,  after  thirty  days’  notice  by  the  Mayor,  the 
Marshal  or  the  Supervisor,  shall  be  subject  to  a  penalty  of  not  less 
than  ten  dollars,  and  to  an  additional  penalty  of  not  less  than  three 
dollars  for  each  day  he  shall  fail  to  comply  with  such  notice. 

Ibid.  Sec.  49.  The  Mayor,  the  Marshal  or  the  Supervisor  shall 
cause  any  incubrance,  obstruction,  erection  or  inclosure,  in  or  upon 
any  street,  alley  or  sidewalk,  contrary  to  ordinance,  to  be  removed, 
and  the  costs  of  such  removal  may  be  collected  of  the  person  causing 
such  obstruction,  with  the  penalty,  or  in  a  suit  in  the  name  of  the 

city- 

Ibid.  Sec.  50.  Whoever  shall  place,  throw  or  leave,  or  cause  to 
be  placed,  thrown  or  left,  any  obstruction  or  incumbrance,  not  author¬ 
ized  by  ordinance,  in  any  street  or  alley,  shall  be  subject  to  a  penalty 
of  not  less  than  three  dollars,  and  to  an  additional  penalty  of 
not  less  than  one  dollar  for  each  hour  he  shall  not  remove  the 
-same,  when  required  by  the  Mayor,  the  Supervisor  or  any  police 
officer. 

Ibid.  Sec.  51.  No  person,  not  authorized  by  ordinance,  shall 
make  any  excavation  in  any  street,  alley  or  sidewalk,  without  a  written 
permit  from  the  Mayor,  or  the  Supervisor,  under  a  penalty  of  not 
less  than  three  dollars.  Any  person  making,  or  causing  to  be  made, 
any  excavation  or  ditch,  for  any  purpose,  in  any  street,  or  alley  or 
sidewalk,  shall,  without  [unnecessary  delay,  cause  the  same  to  be 
filled  up  to  the  proper  level  of  the  street,  alley  or  sidewalk,  and  shall 
from  time  to  time,  if  necessary,  continue  to  repair  the  same,  until  the 
earth  is  completely  settled,  and  the  surface  conforms  to  the  proper 
level  of  the  street,  alley  or  sidewalk.  Any  person  tearing  up  any 
phank  or  paved  street,  or  sidewalk,  or  bridge  or  culvert,  for  any  pur¬ 
pose,  or  negligently  breaking  or  injuring  the  same,  or  breaking  or 
injuring  the  same  by  the  removing  of  any  building  over  the  same, 
shall,  without  dela}'-,  cause  such  plank  or  paved  street,  alley,  or  side¬ 
walk,  or  bridge  or  culvert,  to  be  repaired  and  placed  in  the  same 
condition  as  before  the  breaking  or  injuring  thereof.  Any  person 
making,  or  causing  to  be  made,  any  excavation  or  ditch,  or  tearing 
up,  breaking  or  injuring  any  planked  or  paved  street,  alley  or  side¬ 
walk,  bridge  or  culvert,  or  causing  the  same  to  be  broken,  injured  or 
torn  up,  who  shall  not  comply  with  the  requirements  of  this  section, 
shall  be  subject  to  a  penalty  of  not  less  than  five  dollars,  and  the  City 
-Supervisor  shall,  without  delay,  cause  such  filling  up  or  repairs  to  be 
made  and  completed,  -and  the  costs  thereof  may  be  collected  of  any 
person  whose  duty  it  was  to  do  the  same,  and  recovered  with  the 
penalty,  or  in  n  separate  suit  in  the  name  of  the  city. 


Of  a  f ,  Tit: 


MlSDSMKAXoRSr 


712 


Ibid.  Sec.  52.  Whoever  shall  purposely  change  or  remove  any 
stake,  post  or  stone,  placed  or  set  to  designate  the  corner  or  line  of 
any  lot  or  land,  street  or  alley,  or  to  show  the  grade  of  any  street, 
alley  or  sidewalk,  shall  be  subject  to  a  penalty  of  not  less  than  five 
dollars. 

Ibid .  Sec.  5$.  Whoever  shall,  for  any  private  purpose,  dig, 
remove  or  carry  away  any  earth  from  any  street  or  alley,  without  the 
permission  of  the  City  Council,  shall  be  subject  to  a  penalty  of  not 
less  than  one  dollar  for  each  load  removed  or  carried  away;  and  any 
city  officer,  who  shall  sell  or  dispose  of  any  earth  from  any  street  or 
alley,  for  his  private  gain  or  benefit,  shall  be  subject  to  a  penalty  of 
not  less  than  twenty-five  dollars. 

Ibid.  Sec.  54.  Whoever  shall  throw,  place  or  leave  any  ashes, 
dirt,  filth  or  other  rubbish,  in  or  upon  any  street,  alley  or  sidewalk,  or 
shall  knowingly  suffer  or  permit  the  same  to  be  thrown,  placed  or  left 
in  or  upon  any  street,  alley  or  sidewalk,  in  front  of  or  adjoining  any 
premises  owned  or  occupied  by  him,  under  his  control,  shsdl  be  subject 
to  a  penalty  of  not  less  than  ore  dollar,  and  to  a  like  penalty  for  each 
hour  the  same  may  remain  after  notice  to  remove  the  same,  by  the 
Mayor,  the  Supervisor  or  any  police  officer. 

Ibid.  Sec.  55.  Whoever  shall  throw,  place  or  leave  any  live 
coals  of  fire,  or  make  or  kindle  any  fire  upon  any  planked  street 
crossing,  shall  be  subject  to  a  penalty  of  not  less  than  three  dollar^ 
and  shall  likewise  be  liable  for  all  damages  or  injury  caused  thereby, 
[and]  the  costs  of  repairing,  which  may  be  recovered  with  the  penalty, 
or  in  a  separate  suit  in  the  name  of  the  city. 

Ibid.  Sec.  56.  No  person  shall  obstruct  or  incumber  any  street 
or  alley  with  merchandise,  fuel,  or  other  articles  or  property,  longer 
than  may  be  necessary  in  the  diligent  removal  of  the  same,  under  a 
penalty  of  not  less  than  one  dollar,  and  a  like  penalty  for  each  hour 
the  same  shall  not  he  removed,  after  notice  to  remove  the  same,  by  the 
Mayor,  the  Supervisor  or  any  police  officer. 

Ibid.  Sec.  57.  When  any  street  or  alley  may  be  obstructed  by 
a  pirnss  of  teams,  wagons  or  animals,  the  Mayor,  the  Supervisor  or 
any  police  officer,  may  give  such  orders  and  directions  as  may  be 
deemed  necessary  for  abating  the  obstructing,  and  whoever  shall  not 
observe  and  ©bey  such  orders  and  directions  shall  be  subject  to  a  pen¬ 
alty  of  not  less  than  three  dollars.  . 

Ibid.  Sec.  58.  Whoever  shall  place  or  leave,  or  cause  to  be 
placed  or  left,  any  encroachment,  incumbrance  or  obstruction,  in  or 
upon  any  street,  alley  or  sidewalk,  shall,  in  all  cases,  be  liable  to  the* 
city,  and  to  private  persons,  for  all  damage  or  injury  arising  from 
such  encroachment,  incumbrance  or  obstruction. 

Ibid .  Sec.  59.  No  steps,  platform  or  other  fixtures  shall  be  built 
to  extend  into  or  upon  any  sidewalk  or  alley  more  than  three  feet; 
and  all  steps  encroaching  upon  any  sidewalk  or  alley,  and  leading  to* 
the  upper  story  of  any  building,  shall  be  securely  suspended.  Nor 
thall  any  open  cellar  way  or  basement  way  extend  into  or  upon  any 


7  ft  A  r1.  (:] 


ll:i 


sidewalk  or  alley  more  than  three  feet,  and  shall  be  well  protected 
and  secured  with  a  substantial  railing  round  the  same.  Nor  shall 
any  closed  cellar  way  or  basement  way  extend  into  or  upon  any  side¬ 
walk  or  alley  more  than  four  feet,  nor  shall  the  door  or  grating  of 


a- 


*ny  such  closed  cellar  way  or  basement  way  extend  above  the  grade 
of  the  sidewalk.  No  windows  shall  extend  upon  any  sidewa  k  more 
than  eighteen  inches;  and  all  cellar  windows  or  coal  holes,  placed  in 
any  sidewalk  or  alley,  shall  be  well  secured  by  an  iron  grating  or 
otherwise,  laid  even  with  trie  grade  of  the  sidewalk  or  alley.  Who-' 
ever  shall  violate,  or  shall  fail  to  comply  with  the 'requirements  of  this 
section,  shall  be  subject  to  a  penalty  of  not  less  than  three  dollars,  and 
to  a  like  penalty  for  each  day  he  shall  fail  to  comply  herewith,  after 
notice  to  do  the  same,  by  the  Mayor,  the  Supervisor  or  the  City  Marshal. 

I  bid.  Sec.  GO.  J^o  fixtures,  building,  fence,  or  other  erection  or 
inclosure,  extending  or  encroaching  upon  any  road,  street,  alley  or 
sidewalk,  contrary  to  ordinance,  shall  be  repaired  or  rebuilt,  under  a 
penalty  of  not  less  than  ten  dollars. 

Ibid.  Sec.  61.  Whoever  shall  place,  hang  or  set  out,  over  or 
upon  any  sidewalk,  any  goods,  wares  or  merchandise,  except  within 
three  feet  of  the  premises  or  building  occupied  by  him;  or  shall  place, 
suspend  or  erect  any  sign,  showr-bili,  show-case,  flag  or  other  obstruc¬ 
tion,  projecting  into  or  hanging  over  any  sidewalk,  exceeding  three 
feet  from  the  building  or  premises  occupied  by  him,  or  shall  knowingly 
permit  the  same  to  be  done  in  front  of  any  building  or  premises  owned 
or  occupied  by  him,  under  his  control,  shall,  in  each  case  be  subject 
to  a  penalty  of  not  less  than  one  dollar,  and  an  additional  penalty  of 
one  dollar  for  each  hour  the  same  shall  remain,  after  notice  to  remove 
the  same,  by  the  Mayor,  the  Supervisor  or  any  police  officer. 

Ibid.  Sec.  6*2.  No  person  shall  encumber  or  obstruct  more  than 
four  feet  of  the  out  edge  of  the  sidewalk  with  any  goods,  wares,  mer¬ 
chandise,  fuel  or  other  articles  of  property  he  may  be  receiving  or 
delivering,  nor  shall  permit  the  same  to  remain  upon  any  sidewalk 
longer  than  may  be  necessary  in  the  diligent  removal  thereof,  nor  in 
any  case  to  exceed  twenty-four  hours,  under  a  penalty  of  not  less 
than  one  dollar,  and  an  additional  penalty  of  one  dollar  for  each  hour 
the  same  may  remain,  after  notice  to  remove  the  same,  by  the  Mayor, 
the  Supervisor  or  any  police  officer. 

Ibid.  Sec.  63.  Whoever  shall  purposely  push  or  draw  any  sleigh, 
wagon  or  other  vehicle,  or  drive,  lead  or  ride  any  team  or  beast  of 
burden  over  or  upon  any  paved  or  planked  sidewalk,  except  it  may  bo 
necessary  in  crossing  the  same  to  get  into  his  own  premises,  or  into 
premises  where  no  wagon  crossing  or  other  suitable  means  of  access  is 
provided,  shall  be  subject  to  a  penalty  of  not  less  than  three  dollars. 

1  bid.  Sec.  6i.  Whoever  shall  fasten  or  leave  any  team  or  beast 
of  burden  in  such  a  manner  as  that  the  team,  the  vehicle,  the  animal, 
the  harness,  the  lines,  or  anything  belonging  thereto,  shall  be  an 
obstruction  to  the  sidewalk,  shall  be  subject  to  a  penalty  of  not  less 
than  one  dollar. 


i  r 
I'j 


t'nA”.  13, 


MiSUKMC  AXOnS 


walks,  ia 


!  hid.  k*' ec.  65.  Whoever  shall  not  keep  the  paved  or  plank  side- 
front  of  or  adjoining-  the  premises  owned  or  occupied  by  him, 
and  under  his  control,  so  as  not  to  be  obstructed  by  snow,  dirt,  weeds 
or  other  obstructions,  shall  be  subject  to  a  penalty  of  one  dollar,  and. 
to  a  like  penalty  for  each  day  he  shall  not  remove  such  obstruction, 
after  notice  to  do  the  same,  by  the  Mayor,  the  Supervisor  or  any 
police  officer. 

Ibid.  Sec.  66.  Whoever  shall  obstruct  any  street  crossing  by 

J  O  v 

unnecessarily  stopping  thereon,  with  any  team,  vehicle  or  animal,  so 
as  to  incommode  persons  crossing  the  same,  shall  be  subject  to  a  pen¬ 
alty  of  not  less  than  one  dollar. 

Ibid.  Sec.  67.  Whoever  shall  suffer  or  permit  the  water  falling 
or  draining  from  any  building  owned  by  him,  or  under  his  control,  to 
spread  over  the  sidewalk,  in  front  thereof,  shall  be  subject  to  a  penalty 
of  one  dollar,  and  to  a  like  penalty  for  each  day  he  shall  not  remedy 
the  same,  after  notice  to  do  the  same  by  the  Mayor  or  the  Super¬ 
visor. 

Ibid.  Sec.  68.  Any  two  or  more  boys  who,  in  the  night  time, 
may  be  assembled  together  and  disturbing  any  lawful  assembly  of' 
persons,  or  making  any  unusual  noise  or  disturbance,  to  the  disquiet 
or  annoyance  of  the  neighborhood;  or  who  may  be  found  loitering  or 
strolling  about,  and  who  shall  not  disperse  and  go  to  their  several 
homes,  when  required  by  the  Mayor  or  any  police  officer,  shall 
each,  severally,  he  subject  to  a  penalty  not  exceeding  five  dollars  in 
each  case. 

Ibid.  Sec.  69.  No  boy  or  other  person  shall,  in  the  inhabited 
part  of  the  city,  use  or  drive  any  hoop,  or  use  any  bow  and  arrow, 
or  raise  or  fly  any  kite,  or  smoke  or  fire  balloon,  of  (except  upon 
national  holidays  or  other  public  and  general  celebrations)  make  or 
kindle  any  bonfire,  or  fire,  explode  or  set  off  any  fire-arms,  fire-balls, 
fire-crackers,  torpedoes,  rocket,  or  other  fire- works,  or  shall  otherwise 
pursue  any  amusement  or  exercise  calculated  to  impede  travel,  or  to 
frighten  animals,  or  injure  or  annoy  persons  passing  along  the  streets 
or  sidewalks,  under  a  penalty  not  exceeding  five  dollars  in  each  case. 

Ibid.  Sec.  70.  No  boy  or  other  person  shall  purposely  or  heed¬ 
lessly  cast  or  throw  any  stone  or  other  missile,  from  or  into  any  public 
place,  or  at  any  person,  or  at,  upon,  against  or  into  any  building,  prem¬ 
ises,  tree  or  other  property,  or  shall  walk  upon  the  top  or  capping  of 
any  fence  or  railing,  or  climb  upon  the  same,  or  into  any  shade  or  orna¬ 
mental  tree  upon  any  sidewalk  or  elsewhere,  without  the  consent  of 
the  owner  thereof,  or  shall  in  any  wise  injure,  deface  or  destroy  any 
building,  fence,  railing,  tree  or  other  property,  or  shall  meddle  with 
any  public  well,  cistern  or  pump,  under  a  penalty  of  not  exceeding 
ten  dollars  in  each  case. 

Ibid.  Sec.  71.  Any  boy  or  other  person,  who  shall  willfully  or 
heedlessly  make  any  unusual  noise  or  disturbance,  to  the  disquiet  or 
annoyance  of  others,  or  shall  disturb  any  assembly  met  for  religious 
worship,  or  any  other  lawful  assembly  of  persons,  or  who  shall  assault 


Cf.ai*  13. 


M'lsmoniAXOKS. 


or  strike  any  other  boy  or  person,  or  who  shall  trespass  upon  any 
public  grounds  or  private  premises,  and  injure,  carry  away  or  destroy 
any  tree,  fruit,  vegetable,  plant,  shrub,  or  other  t h i  g  of  value  therein, 
or  who  shall  get  into  or  upon  any  wagon  or  other  vehicle,  without  the 
consent  of  the  owner  thereof,  or  shall  otherwise  purposely  annoy  or 
molest  any  other  person,  shall  be  subject  to  a  penalty  not  exceeding 
ten  dollars  in  each  case. 


Ibid.  Sec.  72.  Any  boy  or  other  person  who  shall  abet  or  encour¬ 
age  any  violation  hereof,  or  any  other  unlawful  act,  shall  be  subject  to 
a  penalty  not  exceeding  ten  dollars. 

Sec.  1.  (April  2,  1862)  —  §  73.  No  person  or  persons,  within 
the  limits  of  said  city,  not  having  a  legal  license  to  retail  intoxicating 
liquors,  shall  exhibit,  nor  permit  any  sign,  letters  or  caricature  on  the 
outside  of  his  building  or  place,  nor  shall  keep,  or  permit  to  be  kept, 
any  bar,  with  bottles,  barrels,  kegs,  or  other  vessels  containing  such 
liquors,  within  his  building  or  place,  occupied  by  him  or  her,  indicating, 
or  which  shall  he  intended  to  indicate,  that  any  vinous,  spirituous, 
fermented,  mixed,  malt,  or  other  intoxicating  liquors  whatever,  are 
kept  and  sold,  or  to  be  sold,  at  such  place,  in  less  quantity  than  one 
gallon,  under  a  penalty  of  not  less  than  three  dollars  for  each  day  the 
same  shall  remain  in  such  place  or  places,  after  notice  by  the  City 
Marshal,  or  other  police  officer,  to  such  person  or  persons  to  remove 
the  same. 

Sec.  1.  (Dec.  12,  1864) — ■§.  74.  Any  boy  or  other  person,  who 
shall,  by  idling  around  the  depot  of  any  railway,  or  the  grounds 
adjoining  thereto,  and  used  in  connection  therewith,  impede,  molest  or 
obstruct  the  officers  or  employees,  or  any  of  them,  engaged  in  running 
cars  or  locomotives  on  such  railroad,  or  in  prosecuting  their  or  his 
lawful  business  or  duties  connected  therewith,  and  shall  not,  on  being- 
requested  so  to  do,  by  any  such  officer  or  employee,  or  the  Marshal,  or 
any  Police  Constable  of  this  city,  immediately  leave  such  depot  or 
grounds,  shall  be  deemed  guilty  of  a  misdemeanor,  and  be  subject  to 
a  penalty  of  not  less  than  three  dollars. 

Sec.  2.  (Dec.  12,  1864)  —  §  75.  Any  boy  or  other  person  who 
shall,  by  unnecessarily  running  about  the  depot  of  any  railroad,  or 
the  grounds  used  in  connection  therewith,  obstruct,  interrupt  or 
disturb  any  officer  or  employee  of  the  person,  company  or  corporation, 
having  charge  of  and  operating  such  railroad,  from  or  in  prosecuting 
or  carrying  on  the  proper,  legitimate  and  lawful  business  of  such 
person,  company  or  corporation,  in  connection  with  the  operating  of 
such  railroad,  or  shall  interfere  with  or  disturb  any  traveler  or  trav- 
elers  by  such  railroad,  or  other  person  or  persons  having  lawful 
business  to  transact  there,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall  be  liable  to  a  penalty  of  [not]  iess  than  three  dollars. 

Sec.  3.  (Dec.  12,  1864) — §  76.  Any  person  who  shall  jump 
or  climb  upon,  or  catch  hold  of  and  hang  to  any  railroad  car  or 
locomotive,  while  the  same  is  in  motion,  or  who  shall,  by  clinging  to 
the  outside  of,  or  climbing  or  getting  up  on  any  such  car  or  locomo- 


Chap.  13. 


116 


Misdemeanors, 


live,  whether  in  motion  or  not  at  the  time  of  clinging  to  or  climbing 
or  getting  upon  the  same,  attempt  to  ride  thereon  from  one  place  to 
another  within  the  city,  not  being  or  intending  to  become  a  passenger 
on  such  railroad,  by  the  train  with  which  such  car  or  locomotive  is 
connected,  beyond  the  limits  of  the  city,  or  from  one  station  to  another, 
pn  said  railroad,  and  not  being  an  officer  or  employee  of  the  person, 
company  or  corporation  operating  and  controlling  such  railroad,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall  be  subject  to  a  penalty 
of  not  less  than  three  dollars. 

Sec.  1.  (June  27,  1868)  —  §  77.  Section  five  of  the  above 
entitled  ordinance  shall  not  be  so  construed  or  held,  by  any  Police  or 
other  Magistrate,  in  said  city,  as  to  cause  any  fine  or  penalty,  or 
other  punishment,  to  he  inflicted  upon  any  person  or  persons  for 
soliciting  and  buying,  or  receiving  and  drinking,  any  intoxicating 
liquors. 


Sec.  2.  (June  27,  1868)  —  §  78.  Any  person  or  persons  having 
bought,  or  received,  and  drank  any  intoxicating  liquors,  who  may 
hereafter  be  summoned  to  testify  in  relation  thereto,  in  any  suit  or  pros¬ 
ecution  hereafter  to  be  commenced  in  said  city,  shall  not  be  excused 
from  stating  fully  such  fact  or  facts;  and  any  such  person  refusing  so 
to  state,  when  required  by  any  court  in  said  city,  or  by  any  attorney 
representing  any  plaintiff  or  defendant,  shall  be  guilty  of  contempt, 
and  liable  to  a  fine  of  not  less  than  five  dollars  for  each  and  every 
refusal  so  to  answer,  and  on  a  failure  or  refusal  to  pay  said  fine,  shall 
be  imprisoned  in  the  city  prison  until  said  fine  and  the  costs  of 
commitment  are  paid,  as  now  provided  by  law,  but  the  payment  of 
any  such  fine  shall  not  operate  to  excuse  such  person  or  persons  from 
making  answer  in  the  same  cause  or  suit,  and  a  like  fine  shall  be 
imposed  for  any  subsequent  refusal  to  make  such  answer  or  answers  in 


the  same  suit. 


Sec.  1.  (June  27,  1868)  —  §  79.  That  section  thirty-three  of  an 
ordinance,  entitled  “An  ordinance,  concerning  misdemeanors,”  passed 
July  14th,  1860,  be,  and  the  same  is  hereby  amended,  so  that  the 
provision  of  the  said  section  excepting  its  operation  on  national  holi¬ 
days  is  hereby  repealed. 


Ninsxxcas. 


CiiAf.  14. 


ir 


CHAPTER  XIV. 

'Nuisances. 

AN  ORDINANCE  in  Relation  to  Nuisances. 

f.  Nauseous  or  Foul  Premises..  XV.  Old  Buildings  Declared 
I.  Penalty  for  Keeping  of. 

II.  Hog  Ideas.  Nuisances  when. 

II.  Notice  of  to  be  Given  how. 

« 

III.  Foul  Substances  thrown  into 
Street ,  etc. 


IV.  Same ,  thrown  within  one- 
half  mile  of  City  Limits , 
Penalty  of. 

V.  Dead  Animals,  Nuisances 
when. 

VI.  Same ,  Removing  of  Nuis¬ 
ances  when. 

VII.  Nuisances  found,  Notified 
to  Abate ,  when. 

VII.  Occupant,  Notified  to  Abate, 
when. 

VII.  Duty  of  Officer ,  tv  hat. 

VIII.  Stagnant  I  Voter  a  Nuisance. 

IX.  When  Place  Reported  a 
Nuisance ,  how  Proceed. 

X.  Power  of  City  Council  in . 

XI.  Duty  of  Mayor  in. 

XII.  Places  Filled  up,  'when. 

XIII.  Nuisance,  Cost  of  Abating, 

here  Collected. 

XIV.  Dilapidated  Building ,  Nui¬ 

sance  when. 


insane cs  when. 

X  \rT.  Proceedings  in,  how  Con - 
ducted. 

XVI.  &  XVII.  Duty  of  Mayor  and 
Marshal  in. 

XVI I L  Refusal  of  Owner  to 
Abate,  how  Proceed . 

XIX.  Buildings  in  Danger  of 
Falling. 

XX.  Inspections  of  Buildings , 
'when. 

XXI.  Scaffo Ids. Nuis an cc  to h c n. 

XXII.  Costs  and  .Expenses,  how 
Collected. 

XXIII.  City  Clerk,  Duty  of,  in. 

XXIV.  Assessor  and  Collector , 
Duty  of  in. 

XXV.  Assessors  Warrant , 
Power  under. 

XXVI.  Warrant  Unsatisfied, 
how  Proceed. 

XXVII.  Clerk  to  Certify  to  Order 
of  Sale. 

XXVIII.  &  XXIX.  Sale  of  Prem¬ 
ises,  how  Proceed . 


♦Division  I. — ‘Nuisances  in  General. 

Sectqn  1.  (Dec.  12,  1864.) — -  §  1.  Be  it  ordained  by  the  City 
Council  of  the  City  of  Champaign,  That  any  premises,  or  part 
thereof,  which  may  be  nauseous,  foul  or  offensive  to  the  neighborhood, 
or  to  any  person  or  family  residing  near  the  same,  or  to  persons  pass¬ 
ing  along  any  street  or  alley  near  the  same,  or  which  mav  be  in  such, 
condition  as  to  be  detrimental  or  obnoxious  to  the  public  health  or 
comfort,  shall  be  deemed  a  nuisance,  and  any  owner  or  occupant  of 
.such  premises,  who  shall  neglect  or  refuse  to  abate,  remedy  or  remove 
.such  nuisance,  or  cleanse  such  premises,  after  notice  thereof,  by  the 
Supervisor,  the  Marshal,  or  any  Police  Constable,  or  any  person 
.aggrieved  thereby,  shall  be  subject  to  a  penalty  of  not  less  than  three 
dollars  for  each  day  he  shall  so  neglect  to 'abate,  remove,  remedy  or 
cleanse  the  same,  after  suc-h  uotieb.  . 


\l  .’ill  nw«l  ’!.  ]uk'«  9'J,  xiiU'. 


I 


Ciiif  14. 


IIS’ 


A  L:l'i>A-VC£'Sf-. 


Sec. 


2.  Any  pen,  place  or  pemises,  in  which  swine  are- 
kept  or  confined,  which  may  be  offensive,  or  an  annoyance  to  any 
persons  residing  near  the  same,  or  to  persons  passing  along  any  street 
or  alley  near  the  same,  is  hereby  declared  to  he-  a  nuisance ;  and  the 
owner  or  keeper  of  such  swine,  or  the  owner  or  occupant  of  the  prem¬ 
ises,  who  shall  neglect  or  refuse  to  abate,  remedy  or  remove  such 
nuisance,  after  notice  thereof,  by  the  Supervisor,  the  Marshal,  or  any 
Police  Constable,  or  any  person  aggrieved  thereby,  shall  be  subject  to 
a  penalty  of  not  less  than  three  dollars  for  each  day  lie  shall  so  neg¬ 
lect  or  refuse  to  abate,  remedy  or  remove  such  nuisance,  after  such 
notice. 

Ibid .  Sec.  3.  Any  nauseous,  foul,  offensive  or  putrid,  liquid  or 
substance,  or  any  liquid  or  substance  likely  to  become  nauseous,  fouly 
offensive  or  putrid,  which  may  be  discharged,  placed  or  thrown,  or 
flow  from  out  of  any  premises,  into  any  street  or  alley,  or  into  any 
adjacent  premises,  is  hereby  declared  a  nuisance,  and  whoever .  shall 
throw, 'place  or  discharge  any  such  nauseous,  foul,  offensive  or  putrid, 
liquid  or  substance,  or  any  liquid  or  substance  likely  to  become  nause¬ 
ous,  foul,  offensive  or  putrid,  into  any  street  or  alley,  or  into  any 
adjacent  premises,  or  shall  permit  any  such  nuisance  to  be  discharged 
or  to  flow  from  or  out  of  any  premises  owned  or  occupied  by  him,  or 
under  his  control,  into  any  street  or  alley,  or  into  any  adjacent  prem¬ 
ises,  shall  be  subject  to  a  penalty  of  not  less  than  three  dollars,  and 
to  a  like  penalty  for  each  day  he*  shall  not  abate,  remedy  or  remove 
the  same,  after  notice  thereof,  by  the  Supervisor,  the  Marshal,  any 
peace  Constable,  or  any  person  aggrieved  thereby. 

Ibid,  Sec.  4.  Whoever  shall  deposit,  throw  or  discharge,  or 
leave  any  nauseous,  foul,  offensive  or  putrid  liquid,  substance  or  excre¬ 
ment,  or  any  liquid  or  substance’  likely  to  become  nauseous,  foul, 
offensive  or  putrid,  within  the  city,  or  (so  as  to  be  or  likely  to  become 
offensive  or  injurious  to  the  health  or  comfort  of  any  person  residing 
within  the  city,)  within  one-half  mile  thereof,  shall  he  deemed  guilty 
of  a  nuisance,  and  be  subject  to  a  penalty  of  not  less  than  three  dol¬ 
lars,  and  to  a  like  penalty  for  each  day  he  shall  not  abate,  remedy  or 
remove  such  nuisance,  after  notice  thereof,  by  the  Supervisor,  the 
Marshal,  any  Police  Constable,  or  any  resident  of  the  city  aggrieved 
thereby. 

Q, 

Ibid.  Sec.  5.  Any  person  who  shall  knowingly  suffer  any  dead 
animal  belonging  to  him  to  remain  within  the  city,  or  within  one-half 
mile  thereof,  so  as  to  be,  or  likely  to  become  putrid  and  nauseous,  or 
offensive  to  any  person  residing  within  the  city,  shall  be  deemed  guilty 
of  nuisance,  and  shall  he  subject  to  a  penalty  of  not  less  than  three 
dollars. 

Ibid.  Sec.  6.  No  person  shall,  in  removing  any  dead  animal  or 
excrement,  or  any  other  nauseous,  offensive  or  putrid,  liquid  or  sub¬ 
stance,  purposely  or  unnecessarily  cause  the  same  to  he  offensive  or 
annoying  to  any  other  person,  under  a  penalty  of  not  less  than  three 
dollars. 


i 


Cn.\p.  U. 


S  r  isaxces. 


m 


ibid.  Sec.  7.  When  anv  nuisance,  or  anythin"  likely  to  become 
5*  nuisance,  shall  be  found  by  the  Supervisor,  the  Marshal,  or  any 
Police  Constable,  or  shall  he  reported  to  them,  or  either  of  them,  the 
author,  owner  or  cause  of  such  nuisance,  shall  forthwith  be  notified  to 
hate,  remedy  or  remove  the  same,  and,  in  case  he  shall  not  comply 
with  such  notice,  the  officer  shall  abate  such  nuisance,  and  bring  suit 
against  such  person,  in  the  name  of  the  city,  for  the  penalty,  and  the 
•costs  of  removal  or  abatement  may  also  be  recovered  with  the  penalty, 
•or  by  a  separate  suit  in  the  name  of  the  city,  before  any  court  having 
jurisdiction.  When  any  nuisance,  or  anything  likely  to  become  a 
nuisance,  may  be  found  upon  any  premises,  and  the  owner,  author  or 
cause  of  such  nuisance  is  unknown  or  cannot  be  found,  the  owner, 
occupant  or  agent  of  such  premises  shall  be  notified  to  abate  the  same, 
and  if  such  owner,  or  his  agent,  or  the  occupant,  whose  duty  it  is  to 
abate  such  nuisance,  shall  not  comply  with  such  notice,  he  shall  be 
subject  to  a  penalty  of  not  less  than  three  dollars,  and  the  officer  shall 
proceed  without  delay  to  abate  the  same,  and  may  bring  suit,  in  the 
name  of  the  city,  against  the  person  liable  therefor,  for  the  penalty 
and  costs  of  removal  or  abatement,  as  in  other  cases;  or,  if  no  person 
liable  therefor  can  be  found,  may  report  such  costs  under  oath  to  the 
City  Council,  for  allowance  and  assessment  against  the  premises 
•chargeable  therewith.  When  the  owner,  author  or  cause  [ofj  such 
nuisance,  or  the  owner,  or  his  agent,  or  the  occupant  of  the  premises 
upon  which  such  nuisance  may  exist,  is  unknown,  or  cannot  be  found 
within  the  city,  the  officer  shall  abate  such  nuisance  forthwith,  without 
•notice,  and  may  bring  suit,  in  the  name  of  the  city,  for  the  penalty 
and  the  costs  of  removal  or  abatement,  against  the  owner,  author  or 
cause  of  such  nuisance,  or  the  owner  or  occupant  of  the  premises,  or 
•other  person  liable  therefor;  or,  if  no  person  liable  therefor  can  be 
found,  may  report  the  costs  of  such  removal  or  abatement,  under 
•oath,  to  the  City  Council,  for  allowance  and  assessment  against  the 
premises  chargeable  therewith. 

Ibid.  Sec.  8.  Any  lot  or  premises  upon  which  stagnant  water 
may  be  standing,  so  as  to  become,  or  be  likely  to  become  putrid,  foul, 
or  offensive,  or  detrimental  to  the  health  and  comfort  of  persons 
residing  in  the  neighborhood  thereof,  is  hereby  declared  a  nub 

-sauce. 

Ibid.  Sec.  9.  When  any  lot  or  premises  shall  be  reported  to  the 
City  Council,  either  verbally  or  in  writing*  by  the  City  Marshal,  the 
City  Supervisor,  or  any  Constable,  or  any  other  person  living  in  the 
neighborhood  thereof,  as  a.  nuisance,  from  stagnant  water  standing 
thereon,  or  any  other  cause  detrimental  to  the  public  health  or  com¬ 
fort,  or  as  likelv  to  become  a  nuisance  from  anv  such  cause,  the  Citv 
Council  shall  refer  the  matter  to  a  committee  of  not  less  than  three, 
-to  be  appointed  for  that  purpose  by  the  Mayor,  whose  duty  it  shall  be 
•to  examine  into  the  condition  of  such  lot  or  premises,  and  if  the  same 
-shall  be  found  in  such  a  condition  as  to  be  detrimental  or  obnoxious  to 
the  health  or  comfort  of  persons  residing  in  the  neighborhood, 


fn  vr,  14. 


.VcO'Sa  .VeKSO 


f*2'(T 


report  such  lot  or  premises  as  a  nuisance  to  the  City  Council,  stating 
the  cause,  and  the  manner  deemed  best  for  abating  snob  nuisance, 
either  hy  filling  up  or  draining  the  same,  or  otherwise  disposing  of  the 
same. 

Ibid .  Sec,  10,  When  any  lot  or  premises  shall  be  reported  to 
the  City  Council  as  a  nuisance,  by  such  committee,  the  City  Council 
may,  by  the  passage  of  an  ordinance,  declare  such  lot  or  premises 
to  be  a  nuisance,  stating,  the  cause  therefor,  and  require  the 
owner  or  occupant  of  the  lot  ©r  premises,  or  the  person  liable? 
therefor,  to  fill  up  or  drain  such  Lot  or  premises,  or  otherwise’ 
abate  such  nuisance,  within  such  time  as  may  be  named  in  the  ordi- 

J  mJ 


nance. 


Sec.  11.  The  Mayor  shall,  without  delay,  after  the  passage- 
of  any  ordinance  declaring  any  lot  or  premises  a  nuisance,  and 
requiring  such  nuisance  to  be  abated,  by  the  filling,  or  draining  or 
otherwise  improving,  such  lot  or  premises,  cause  a  copy  of  the  ordi¬ 
nance  to  be  delivered  to  the  owner  of  such  lot  or  premises,  or  his- 
agent,  or  the  occupant  thereof,  or  any  person  whose  duty  it  is  to  abate 
the  nuisance  thereon.  Lf  the  owner  of  such  lot  or  premises,  or  other 
person  whose  duty  it  is  to  abate  the  nuisance  thereon,  is  not  a  resident 
of  the  city,  the  Mayor  may  inclose  a  copy  of  the  ordinance  to  such 
owner  or  other  person  by  mail,  directed  to  him  at  the  post  office  at 
which  he  usually  receives  his  letters,  if  known ;  but  if  such  owner  or 
other  person,  whose  duty  it  is  to  abate  such  nuisance,  and  his  agent, 
if  any,  are  unknown,  or  if  his  place  of  residence  is  unknown,  the- 
ordinance  shall  be  published  for  at  least  three  weeks  in  the  newspaper 
publishing  the  ordinances  of  the  city,  which  shall  be  sufficient  notice 
to  all  persons, 

1  bid.  Sec.  12.  If  any  lot  or  premises  shall  not  be  filled  up  or 
drained,  or  such  nuisance  otherwise  abated,  in  compliance  with  such- 
ordinance,  the  Mayor  shall  cause  the  same  to  be  done  by  the  Citv 
Supervisor,  or  may  let  the  same  by  contract,  in  the  same  manner  as- 
for  pubic  improvements,  and  when  completed  shall  report  to  the  City 
Council  an  accurate  account  of  the  cost  thereof,  under  oath  of  the 
Supervisor  or  of  the  contractor  doing  the  same;  and  the  amount  so 
necessarily  expended  in  abating  such  nuisance,  may  be  recovered  of  the 
owner  of  such  lot  or  premises,  or  of  any  other  person  liable  therefor, 
by  suit  in  the  name  of  the  city,  before  any  heart  having  jurisdiction, 
or  may  be  assessed  against  the  lot  or  premises  chargeable  therewith, 
and  collected  by  warrant  and  sale  of  the  same,  in  the  same  manner  as- 
other  nuisances. 

] bid.  Sec.  13,  When  any  lot  or  premises  shall  be  filled  up  or 
drained,  or  any  nuisance  thereon  otherwise  abated,  the  officer  or  con¬ 
tractor  doing  the  same  shall  keep  an  accurate  account  of  the  costs  of 
abating  such  nuisance  upon  each  separate  lot  or  premises,  and  shall 
report  the  same  separately;  but  if  the  exact  cost  of  each  cannot  be 
ascertained,  ho  shall  apportion  the  costs  equitably,  as  near  as  may  he* 
to-  each  separate  lot  or  premises.. 


Chap.  U. 


Ill 


XuiSAN'CKS, 


Division  II. — Dangerous  Buildings. 

I  bid.  Sec.  14.  Any  wooden  building,  or  wooden  part  of  any 
building,  which  may  be  situated  within  thirty  feet  of  any  contiguous 
building,  and  which  may  be  in  danger  of  becoming  on  fire,  or  setting 
fire  to  any  contiguous  building,  by  reason  of  being  dilapidated,  out  of 
repair  or  untenantable,  or  by  reason  of  any  fire-place,  grate,  stove,  stove¬ 
pipe,  funnel  or  chimney,  or  any  other  structure  or  apparatus  therein, 
used  or  intended  to  be  used  for  the  purpose  of  holding,  conducting  or 
securing  any  fire,  being  insufficient,  or  being  improperly  or  insuffi¬ 
ciently  secured,  is  hereby  declared  a  nuisance. 

Ibid.  Sec.  15.  When  any  such  building,  or  part  of  a  building, 
shall  be  reported  to  the  City  Council,  the  same  shall  be  referred  to  the 
Committee  on  Fire  and  W ater,  or  other  appropriate  committee,  who  shall 
examine  such  building,  or  part  of  a  building,  and  report  the  condition 
thereof;  and  if  the  City  Council  shall  be  satisfied  that  such  building 
is  situated  within  thirty  feet  of  any  contiguous  building,  and  is  in 
danger  of  becoming  on  fire,  or  setting  fire  to  any  contiguous  building, 
by  reason  of  any  of  the  causes  mentioned  in  the  last  preceding  section, 
they  may,  by  the  passage  of  an  ordinance,  declare  such  building,  or 
part  of  a  building,  to  be  a  nuisance,  stating  the  cause  thereof,  and 
require  the  owner  or  occupant  of  such  building,  or  part  of  a  build¬ 
ing,  or  other  person  liable  therefor,  to  remove  such  building  without 
the  city  limits,  or  to  make  good  and  properly  secure  any  such  fire¬ 
place,  grate,  stove,  stove-pipe,  funnel  or  chimney,  or  other  structure 
or  apparatus  in  such  building,  or  part  of  a  building,  used,  or  intended 
to  be  used,  forthe  purpose  of  holding,  conducting  or  securing  any  fire, 
or  require  him,  her  or  them  otherwise  to  abate  such  nuisance,  within 
such  time  as  they  may  deem  necessary. 

Ibid.  Sec.  16.  The  Mayor  shall,  without  delay,  after  the  passage 
of  such  ordinance  as  mentioned  in  the  last  preceding  section,  make 
out,  sign  and  deliver  to  the  Marshal  a  notice,  containing  a  copy  of 
such  ordinance,  directed  to  the  owner  of  such  building,  or  part  of  a 
building,  requiring  him  to  remove  the  same,  or  to  make  good  and 
properly  secure  such  fire-place,  grate,  stove,  stove-pipe,  funnel  or 
chimney,  or  other  structure  or  apparatus  therein  used,  or  intended  to 
be  used,  as  aforesaid,  in  compliance  therewith.  The  Marshal  shall, 
without  delay,  serve  such  notice  upon  the  owner  of  such  building,  or 
part  of  a  building,  or  his  agent,  and  the  person  in  possession  and 
actual  occupancy  thereof,  if  any,  retaining  a  copy  thereof ;  but  if  the 
owner  is  a  non-resident  of  the  city,  and  has  no  known  agent  residing 
in  this  city,  the  Mayor  shall  send  the  notice  to  him  by  mail,  directed 
to  him  at  the  post  office  at  which  he  usually  receives  his  letters  —  if 
unknown,  retaining  a  copy  thereof.  If  no  owner  or  his  agent  can  be 
found  in  the  city,  and  the  owner’s  place  of  residence  is  unknown,  or 
if  the  owner  is  unknown,  the  Mayor  shall  cause  the  ordinance  to  be 
published  at  least  twice,  in  the  newspaper  publishing  the  ordinances 
of  the  city,  which  shall  be  deemed  sufficient  notice  to  all  persons.  If 
any  such  building,  or  part  of  a  building,  shall  not  be  removed,  or  such 

16  ' 


ClilF.  1.4. 


122 


N  C18X3CES. 


fire-place,  grate,  stove,  stove-pipe,  funnel  or  chimney,  or  other  struc¬ 
ture  or  apparatus  therein  used,  or  intended  to  be  used,  as  aforesaid, 
shall  not  be  made  good  and  properly  secured,  in  compliance  with  such 
notice,  at  the  expiration  of  the  time  named  therein,  the  Mayor  shall, 
order  the  City  Marshal  to  remove  or  tear  down  such  building,  or  part 
of  a  building,  or  so  much  thereof  as  may  be  necessary,  or  in  some 

such  danger  and  abate  such  nuisance. 

Ibid.  Sec.  IT.  The  Marshal  shall,  without  delay,  execute  the  order 
of  the  Mayor,  and  shall  report  the  costs  of  so  doing  upon  oath  to  the  City 
Council,  and  the  same  may  be  collected  of  the  owner  of  the  building, 
or  part  of  a  building,  or  the  occupant  thereof,  or  any  other  person 
liable  therefor,  by  suit  in  the  name  of  the  city,  before  any  court 
having  jurisdiction,  or  assessed  against  the  premises  chageable  there¬ 
with,  and  collected  by  warrant  and  sale  of  the  same,  in  the  same 
manner  as  other  nuisances. 

Ibid.  Sec.  18.  Any  owner  of  any  such  building  who  shall,  when 
notified  so  to  do,  neglect  or  refuse  to  remove  the  same,  or  any  such 
owner,  or  any  occupant  thereof,  who  shall  neglect  or  refuse  to  make 
good  or  properly  secure  any  such  fire-place,  grate,  stove,  stove-pipe, 
funnel  or  chimney,  or  other  structure  or  apparatus  therein  used,  or 
intended  to  be  used,  as  aforesaid,  or  otherwise  to  abate  such  nuisance, 
in  compliance  with  such  notice,  shall  be  subject  to  a  penalty  of  not  less 
than  twenty  dollars. 

Ibid.  Sec.  19.  Any  building  or  erection,  or  part  thereof,  which 
shall  be  in  danger  of  falling,  or  otherwise  in  such  condition  as  to 
endanger  the  safety  of  persons  passing  under  or  near  the  same,  or 
residing  adjacent  thereto,  or  to  endanger  any  property  contiguous 
thereto,  is  hereby  declared  to  be  a  nuisance. 

Ibid.  Sec.  20.  When  knowledge  of  any  such  dangerous  building 
or  erection  shall  come  to  the  Mayor,  he  shall,  without  delay,  summon 
three  disinterested  citizens  of  the  city,  who  shall  with  him  inspect 
such  building  or  erection,  and  if  they,  or  a  majority  of  them,  shall  be 
of  the  opinion  that  the  same  endangers  the  safety  of  persons  passing 
under  or  near  the  same,  or  residing  adjacent  thereto,  or  any  property 
contiguous  thereto,  the  Mayor  shall,  without  delay,  notify  or  cause  to 
be  notified,  the  owner  or  person  having  charge  of  such  building  or 
erection,  forthwith  to  remove,  demolish  or  otherwise  secure  the  same, 
or  such  part  thereof  as  may  [be]  necessary,  and  upon  his  failing  or 
refusing  to  comply  with  such  notice,  the  Mayor  shall,  without  delay, 
cause  such  building  or  erection,  or  such  part  thereof  as  may  be  neces¬ 
sary,  to  be  removed,  demolished  or  otherwise  secured,  so  as  to  be  safe 
and  harmless,  and  the  owner  of  such  building  or  erection,  or  person 
having  charge  of  the  same,  who  shall  fail  or  refuse  to  comply  with 
such  notice,  shall  be  subject  to  a  penalty  of  not  less  than  twenty  dol¬ 
lars;  and  the  costs  of  removing,  demolishing  or  securing  such  building 
or  erection  shall  be  reported  to  the  City  Council  by  the  Mayor,  and 
the  same  may  be  collected  of  the  owner  of  such  building  or  erection, 
or  person  having  the  same  in  charge,  by  suit  in  the  name  of  the  city, 


other  manner  to  remedy 


Chap.  14. 


12.4  Xn^.Vits’. 


before  any  court  having  jurisdiction,  or  assessed  against  the  premises 
chargeable  therewith,  and  collected  by  warrant  and  sale  of  the  same, 
in  the  same  manner  as  other  nuisances. 

Ibid.  Sec.  21.  All  scaffolds  or  other  erections  used  in  the  erec¬ 
tion  of  any  building,  shall  be  made  secure,  and  sufficiently  wide  to 
insure  the  safety  of  persons  working  thereon  or  passing  under  the 
same,  against  the  falling  thereof,  or  of  materials  that  may  be  placed 
thereon.  Any  scaffold  or  other  erection  which  may  be  otherwise  con¬ 
structed  shall  be  deemed  a  nuisance,  and  whoever  shall  erect  or  use 
any  such  insecure  or  dangerous  scaffold,  or  other  erection,  shall  be 
subject  to  a  penalty  of  not  less  than  ten  dollars,  and  upon  his  failure 
or  refusal  to  remedy  or  remove  the  same,  forthwith,  when  required  by 
the  Mayor,  the  Supervisor  or  any  police,  the  officer  shall  cause  the  same 
to  be  done,  and  the  costs  of  such  removal  or  remedy  shall  be  collected 
of  the  owner  or  builder,  or  person  having  control  thereof,  and  recov¬ 
ered  by  suit  in  the  name  of  the  city  before  any  court  having  jurisdic¬ 
tion. 


Division  III.  —  Assessments  for  Abating  Nuisances. 

Ibid.  Sec.  22.  When  any  costs  or  expenses  necessarily  expended 
in  removing  or  abating  any  nuisance  upon  any  premises  chargeable 
therewith  shall  be  reported  to  the  City  Council  and  examined  by  them, 
they  may,  by  an  order  to  be  entered  at  full  upon  the  journals,  approve 
and  confirm  the  same,  and  levy  and  assess  such  costs  and  expenses 
against  the  premises  chargeable  therewith.  The  order  shall  contain  a 
correct  list  and  description  of  the  premises,  with  the  name  of  the 
owner  thereof,  if  known,  and  the  amount  assessed  against  each  lot  or 
premises  set  opposite  thereto,  and  may  be  substantially  as  follows,  to- 
wit :  , 


Name  of  owner. 

Lot. 

DESCRIPTION. 

Block.  |  Addition. 

Amount  of 
Assessment. 

A - *  B — ~ 

I 

14 

C  I)  Ad.  to  Urbana. 

$20  00 

E - *  F  - 

N£5 

2 

John  Doe's  Addit’n. 

5  00 

John  Smith 

4 

6 

Jdulnig’s. 

40  00 

Being  the  costs  and  expenses  approved  by  the  City  Council  for  abating 
nuisances  on  each  of  the  aforesaid  lots  or  premises,  by  the  city,  after 
failure  of  the  owners  or  other  persons  whose  duty  it  was  to  abate  such 
nuisance,  after  due  notice  to  do  the  same,  in  pursuance  of  the  ordi¬ 
nances  of  the  city,  be,  and  the  same  are  hereby  levied  and  assessed 
against  each  of  said  lots  or  premises,  to  defray  the  costs  and  expenses 
of  abating  said  nuisances  thereon,  and  that  a  warrant  issue  for  the 
collection  of  said  assessment  against  each  lot,  part  of  lot  or  premises, 
returnable  within  sixty  days  from  the  date  thereof. 

Ibid.  Sec.  23.  The  City  Clerk  shall,  without  delay,  after  the 
passage  of  the  order  of  assessment,  make  out  and  deliver  to  the 
Assessor  and  Collector  a  warrant  for  the  collection  of  the  assessments, 
containing  a  true  copy  of  the  order  of  the  City  Council,  signed  by  the 


Chap.  34 


124  ' 


Nr  i SASHES, 


Mayor  and  himself,  under  the  corporate  seal,  and  returnable  within 
sixty  days  from  the  date  thereof.  The  Clerk  shall  take  the  receipt 
of  the  Assessor  and  Collector  for  the  warrant  upon  delivery  thereof, 
und  charge  him  with  the  amount  of  the  same. 

Ibid.  Sec.  24.  The  Assessor  and  Collector,  upon  receipt  of  the 
warrant,  shall,  without  delay,  cause  a  notice,  signed  by  him,  to  be 
published  for  two  weeks  in  the  newspaper  publishing  the  ordinances 
of  the  city,  stating  that  the  warrant  for  the  collection  of  the  assess¬ 
ments  made  by  the  City  Council  against  the  premises  named  therein 
(describing  the  same,  with  the  name  of  the  owner  thereof,  if  known, 
and  the  amount  of  the  assessment  as  fully  as  set  forth  in  the  warrant), 
and  for  the  sums  set  opposite  to  each,  for  the  costs  and  expenses  of 
abating  nuisances  upon  such  premises,  has  been  delivered  to  him  for 
collection,  and  that  payment  of  the  same  is  demanded.  Such  notice 
shall  be  deemed  a  sufficient  demand,  and  neglect  to  pay  such  assess¬ 
ment  for  twenty  days  after  the  expiration  of  such  notice  shall  be 
deemed  a  refusal.  But  the  Assessor  and  Collector  shall,  as  far  as 
practicable,  make  personal  demand  of  payment  of  the  owner  of  such 
premises,  or  his  agent,  or  other  person  liable  therefor,  if  he  may  be 
found  within  the  city. 

Ibid.  Sec.  25.  The  Assessor  and  Collector  shall,  in  the  collec¬ 
tion  of  the  warrant,  have  all  the  powers  conferred  on  him  by  law  in 
the  collection  of  general  warrants  for  taxes,  and  shall  perform  the 
same  duties  and  be  subject  to  the  same  liabilities,  and  his  return  may 
be  made  in  like  form.  The  City  Council  may,  by  order  or  resolution, 
extend  the  time  of  the  collection  of  the  warrant. 

Ibid.  Sec.  26.  When  any  warrant  shall  be  returned  unsatisfied, 
in  whole  or  in  part,  as  to  any  assessment  against  any  lot  or  premises, 
or  any  part  thereof,  the  City  Council  may,  at  any  time  thereafter,  by 
an  order  to  be  entered  at  large  upon  the  journals  or  record  kept  by 
the  Clerk,  direct  the  Assessor  and  Collector  to  sell  the  delinquent 
premises  (describing  the  same,  with  the  name  of  the  owner  thereof,  if 
known,  and  the  assessments  severally  due  thereon,  and  the  purpose 
thereof  as  fully  as  set  forth  in  the  warrant),  or  so  much  thereof  as 
may  be  necessary  for  the  payment  of  such  assessment  and  the  costs 
of  sale. 

Ibid.  Sec.  27.  The  City  Clerk  shall,  without  delay,  after  the 
passage  of  the  order  of  sale,  make  out  a  certified  copy  thereof,  signed 
by  himself  and  the  Mayor,  under  the  corporate  seal,  and  attach  to  the 
warrant,  and  deliver  the  same  to  the  Assessor  and  Collector.  The 
copy  of  the  order  and  the  warrant  shall  constitute  the  process  upon 
which  the  Assessor  and  Collector  shall  sell  the  delinquent  premises 
described  therein,  and  they  may  be  sold  at  any  time  wdthin  two  years 
of  the  approval  or  confirmation  of  such  assessment  by  the  City 
Council. 

Ibid.  Sec.  28.  The  Assessor  and  Collector  shall  then  sell  the 
delinquent  premises,  or  so  much  thereof  as  may  be  necessary  to  pay 
such  assessment  and  the  costs  of  advertizing  the  same  for  sale,  he 


Chap.  14 


Nvisancrk. 


1 25 


first  giving  notice  of  the  time  and  place  of  sale,  by  publishing  an 
advertisement  at  least  four  times  in  the  newspaper  publishing  the  ordi¬ 
nances  of  the  city,  the  first  publication  to  be  made  at  least  thirty  days 
before  such  sale,  describing  the  delinquent  lots  or  premises  by  figures 
or  otherwise,  with  the  name  of  the  owner,  if  known,  and  the  amount 
of  the  assessments  severally  due  thereon,  as  fully  as  set  forth  in  the 
warrant,  and  stating  that  the  smallest  portion  of  the  lot  or  premises, 
to  be  taken  from  the  east  side  thereof,  will  be  sold  to  the  person  who 
will  take  the  same,  and  pay  the  assessment  due  against  the  same  for 
abating  nuisances  thereon,  and  the  costs  of  advertising  the  same  for 
sale.  All  proceedings  may  be  stopped  at  any  time  before  sale  by  pay¬ 
ment  of  the  assessment  and  costs  of  advertising. 

Ibid.  Sec.  29.  All  subsequent  proceedings  shall  be  the  same  in 
all  respects  whatever  as  in  cases  of  sales  for  general  taxes,  and  the 
duties  and  liabilities  of  the  Assessor  and  Collector,  the  City  Clerk, 
the  City  Council  and  purchasers,  shall  in  all  respects  whatever  be 
the  same  as  is  prescribed  by  law  or  ordinance  in  sales  for  general, 
taxes. 


ihix p,  To. 


IW 


Of  nc  e$&. 


CHAPTER  XV. 

City  Officers. 

AN  ORDINANCE  in  Relation  to  the  City  Officers  of  the  City  of 

fc'  w 

Champaign. 


I.  Municipal  G-overrtment , 
how  Composed. 

II.  Officers,  to  (five  Bona f 
token. 

III.  Officers ,  Qualified  and 
Commissioned. 

III.  Commission ,  Form  of. 

IV.  Officers  Collecting  Money , 

to  Report. 

V.  Salary  to  he  Paid  Mon th  ly. 
VL  Records  of,  Subject  to  Ex¬ 
amination. 

VII,  Special  Duty,  when  Per¬ 
formed. 

VIII.  Office ,  Vacated  when. 

IX.-  Neglect  of  Duty,  Liable 
for. 

X.  Incompetency  of  how  Pro- 


X.  Charges ,  Investigations ,1 
etc. 

XI.  Officer  Accused,  Trial 
of 

XII.  Witnesses  at,  how  Pro¬ 
cured. 

XIII.  Officer  under  Charges,  to 

be  Suspended.- 

XIV.  Same,  Removal  of  how. 

XV.  The  Above  Amended. 

XVI.  Officers  to  Take,  an  Oath. 
XVII.  &  XXL  Salaries  of  City 
Attorney  and  Others. 
XVIII.-  Salary  of  Mayor. 

XIX.  k  XX.  Salary  of  Aldermen. 
XXII.  Salary  of  City  Treasurer. 
XXII 1.  k  XXV.  Salaries  of  City 
Clerk. 

XXIV.  Salaries  of  City  Supervi¬ 
sors. . 


XXVI,  Salaries  may  be  In¬ 
creased  or  Dimin- 
is  hed. 

XXVII.  Officers  to  Keep  Ac¬ 
count  of  Fees. 

XXVIII.  City  A  ttorneyf  D  u  ty 

a 

XXIX.  Same, Special  Duties. 

XXX.  Same,  shall  Make 
Report. 

XXXI.  Same,  may  Appoint 
Substitute. 

XXXII.  City  Engineer,  Duty 
of 

XXXIII.  Same,  shall  Make 
and  Keep  Records * 

XXXIV.  Same,  shall  Make 
Surveys. 

XXX  V.  Same, shall  Establish 
Boundaries. 

XXX  VI.  Same ,  Clerk  to  Re¬ 
turn  Records  to. 

XXX  VIE  City  Supervisor,  Du - 

„  Jy  »f- 

XXX I  III.  Same .  may  Employ 

Men. 

XXXIX.  Same,  shell  Keep  an 
Account  Book. 

XL.  Same,  shall  Exam¬ 
ine  and  Certify 
Accounts. 

XL  I.  Same,  shall  Make 
Report,  when. 

XLJI.  Same ,  shall  Have 
Control  of  Streets , 
XLIIL  Street  Tax,  how  CoV 
lected. 

XLIV.  Bridges ,  how  Con¬ 
structed* 


Cftvr.  15 


127 


Or  Fionas. 


Division  I.  —  Of  City  Officers  in  General. 

Section  1.  (June  16,  1860)  —  §  1.  Be  it  or  daisied  by  the  City 
Council  of  the  City  of  Champaign ,  That  the  municipal  government 
of  the  city  shall  consist  of  a  City  Council,  to  be  composed  of  the 
■mayor  and  one  alderman  from  each  ward.  The  cityjofficers  of  the 
corporation  shall  be  as  follows :  A  City  Clerk;  a  City  Marshal;  a 
City  Treasurer;  a  City  Attorney;  a  City  Assessor  and  Collector;  a 
City  Surveyor  and  Engineer;  a  City  Supervisor  or  Supervisors ;  who, 
in  addition  to  the  duties  prescribed  in  the  act,  and  the  amendments 
thereto,  under  which  and  as  which  the  City  of  Champaign  is  incor¬ 
porated  as  a  city,  shall  perform  such  other  duties  as  may  be  prescribed 
by  ordinance.  There  shall  also  be  such  other  officers,  servants  and 
agents  of  the  corporation  as  may  be  provided  by  ordinance,  to  be 
appointed  by  the  city  council,  and  to  perform  such  duties  as  may  be 
prescribed  by  ordan&nce-* 

Ibid.  Sec.  2.  The  City  Council  may,  by  an  order,  require  Aany 
■city  officer,  before  entering  upon  the  discharge  of  the  duties  of  his 
■office,  to  execute  bond  to  the  city,  in  such  sum  as  may  be  named  in 
the  order,  and  with  such  sureties  as  they  may  approve.  But  no  member 
of  the  City  Council,  or  officer  of  the  citv,  shall  be  received  as  surety 
on  the  official  bond  of  any  city  officer  hereby  created  and  provided 
for,  and  herein  required  to  execute  bond  as  a  city  officer.  The  bond 
of  each  city  officer  shall  he  conditioned  utJmt  he  will  faithfully  execute 
the  duties  of  his  office ,  and  account  for  and  pay  over  and  deliver  all 
moneys  and  other  property  received  by  him  on  account  of  the  city." 
All  official  bonds  shall  be  drawn  by  the  City  Attorney,  or  submitted 
to  him  after  being  drawn  up,  for  his  approval  of  the  form  thereof,  and 
shall  then  be  submitted  to  the  City  Council  for  their  approval,  which, 
when  given,  the  City  Clerk  shall  certify  thereon,  and  shall  file  and 
preserve  the  same  in  his  office.  The  City  Council  may  at  any  time 
require  a  new  bond  to  be  executed  by  any  city  officer,  if  from  any 
cause  they  shall  deem  the  old  bond,  or  the  .sureties  thereon,  to  be 
insufficient,  but  the  execution  of  such  new  bond  -shall  not,  in  any 
maimer,  affect  any  liablity,  loss  or  damage  incurred  under  the  old 
bond,  or  release  the  sureties  from  any  liabilities  incurred  thereon. 
All  bonds  and  contracts  shall  be  written  or  [printed,]  or  partly  both, 
in  a  plain  and  legible  manner. 

Ibid.  Sec.  3.  When  any  city  officer  shall  have  qualified  as  re¬ 
quired  by  the  charter  and  ordinances  of  the  city,  the  City  Clerk  shall 
make  out  and  deliver  to  him  a  commission  under  the  corporate  sea! 
of  said  city,  if  said  city  shall  at  the  time  have  a  corporate  seal,  and  in 
•case  the  city  shall  have  no  corporate  seal,  then  under  the  private  seal  of 
the  Mayor  of  said  city.  The  said  Clerk  certifying  that  the  said  city  has 
not,  at  the  time,  any  corporate  seal,  said  commission  shall  be  signed 
by  the  Mayor  or  presiding  officer  of  the  City  Council,  and  the  City 
'Clerk.  The  commission  may  be  substantially  as  follows,  to-wit: 

”*^6  'Charter,  $  1.  Art.  JI. 


1 28 


CiiAiv  K 


o. 


OFE'ICEKS  _ 


“A.  B.,  Mayor  of  the  City  of  Champaign ,  to  all  whom  these  presents 
'  shall  come ,  Greeting  : 

Knew  ye ,  f/mf  (7.  Z>.,  having  been  duly  (elected  or  appointed ,  as  the 

ease  may  be),  and  qualified  to  the  office  of  - - ,  0/  the  City 

of  Champaign ,  /,  M.  />.,  Mayor  (or  Acting  Mayor ,  a*  the  case  may 
be,)  of  said  city ,  for  and  in  behalf  of  the  people  thereof,  do  hereby ' 

commission  him  - - - - - in  and  for  said  city;  to  have  and 

possess  the  said  office ,  with  all  the  rights,  powers  and  emoluments 
incident  thereto,  with  authority  to  execute  all  the  duties  thereof  accord¬ 
ing  to  law,  until  liis  successor  shall  be  duly  chosen  and  qualified. 

In  testimony  whereof,  1  have  hereunto  set  my  hand,  dnd 
caused  the  corporate  seal  of  said  city  (if  any)  to  be  affixed - 

this - day  of  - - ,  A.  L K  186—. 

E.  T.,  City  Clerk.  A.  B.,  Mayor. 

Ibid.  Sec.  4.  All  officers  collecting  or  receiving  any  moneys  on 
account  of  the  city  shall  pay  the  same,  as  fast  as  colletced,  into  the 
city  treasury,  in  same  hind  of  funds  as  received  by  them,  and  shall, 
on  the  first  Monday  of  each  month,  report  to  the  City  Council  an 
accurate  statement  of  all  moneys  received  by  them  for  the  preceding 
month,  specifying  the  amount,  from  whom,  and  on  what  account" 
received.  No  officer  shall  retain  any  moneys  collected  or  received  by 
him,  towards  the  payment  of  any  salary  or  fees  which  may  be  coming 
to  him  from  the  city,  but  shall  pay  the  same  into  the  treasury.  Any 
officer  violating  any  provision  of  this  section  shall  he  subject  to  a 
penalty  of  not  less  than  ten  dollars. 

Ibid.  Se€.  5.  The  salaries  of  ail  city  officers,  unless  otherwise 

specially  provided,  shall  be  payable  monthly,  on  the  third  Monday 

of  each  month,  and  they  may  present  their  accounts  to  the  City 

Council  or  City  Clerk  for  adjustment  or  payment;  but  no  warrant 

shall  be  drawn  in  favor  of  any  officer  for  bis  salary  until  he  shall 

have  filed  his  report  as  herein  required,  nor  shall  any  warrant,  m  any 

ease,  be  drawn  in  favor  of  any  officer  who  shall  be  in  default  or 

arrears  with  the  citv. 

%/ 

Ibid.  Sec.  6.  The  records,  books  and  papers  pertaining  to  any 
citv  officer  shall  at  all  seasonable  times,  be  subject  to  the  inspection 
and  examination  of  the  Mayor,  the  [City]  Council,  or  any  of  its 
committees,  or  any  person  interested  in  the  same,  and  all  city  officers 
shall,  when  requested,  give  all  the  information  in  their  power,  pertain¬ 
ing  to  their  respective  offices,  to  the  City  Council,  or  any  of  its 
committees,  or  -any  other  department  of  the  city  government. 

Ibid.  Sec.  7.  When  any  particular  officer,  required  by  ordinance 
to  execute  any  particular  duty,  shall  be  absent,  or  incompetent,  or 
otherwise  unable  to?  discharge  such  duty,  the  Mayor,  or  Mayor  pro  tern., 
may  assign  the  discharge  of  such  duty  to  some  other  officer,  and  such 
officer  shall  act  in  such  case  with  the  same  powers  and  authority  as  if 
specially  named  in  the  ordinance. 

Ibid.  Sec.  8.  If  any  city  officer  shall  remove  from  the  city,  or 
absent  himself  therefrom  for  three  months,  his  office  shall  be  vacated. 


Chap.  15, 


Officers. 


1 20 


Ibid.  Sec.  9.  All  officers  shall  be  liable  to  the  city  for  all  loss 

i/ 

or  damage  that  may  arise  from  their  negligence  or  willfull  misconduct, 
in  the  discharge  of  any  official  duty,  and  the  City  Council  may,  in 
their  discretion,  by  order,  withhold  the  salary  of  any  such  officer,  in 
order  to  secure  the  city  from  loss;  and  if  any  officer  shall  fail, 
neglect  or  refuse  to  discharge  or  perform  any  duty  required  of  him, 
the  City  Council  may  employ  or  appoint  some  competent  person  to 
perform  such  duty,  and  the  costs  and  expenses  of  doing  the  same 
shall  be  charged  to  such  officer  and  deducted  from  his  salary,  or,  if 
his  salary  shall  be  insufficient  to  pay  the  same,  they  may  be  collected 
from  him  and  recovered  by  suit  in  the  name  of  the  city,  before  any 
court  having  jurisdiction. 

Ibid.  Sec.  10.  Whenever  it  shall  come  to  the  knowledge  of  the 
Mayor,  or  any  member  of  the  City  Council,  that  any  city  officer  is  incom¬ 
petent,  or  has  wilfully  neglected  or  refused  to  discharge  any  of  the  duties 
of  his  office,  or  has  been  guilty  of  any  malfeasance,  in’sf  a  ance,  or 
other  improper  conduct  in  the  discharge  of  his  official  duties,  he  shall 
forthwith  prefer  charges  in  writing  against  such  officer  to  the  City 
Council,  specifying  the  nature  of  the  offence  or  offences  with  which 
he  is  charged.  The  City  Council  shall  immediately  thereupon  appoint, 
by  ballot,  a  committee  to  consist  of  three  members,  to  examine  into 
such  charges,  and  who,  if  upon  such  examination  they  shall  deem  well 
founded,  shall  frame  such  charges  with  such  additional  charges  as  they 
may  find  probable  cause  for  preferring,  with  specifications,  and  repoit 
them  to  the  City  Council  ;  whereupon  the  City  Council  shall  set  a 
day  for  hearing  and  determining  the  same,  within  ten  days.  A  copy 
of  the  charges,  with  the  specifications,  with  a  notice  of  the  day  set  for 
hearing  the  same,  shall,  without  delay,  be  made  out  by  the  City  Clerk 
and  delivered  to  the  accused.  Upon  the  day  appointed  the  City 
Council  shall  proceed  to  hear  and  determine  concerning  such  charges, 
and  hear  and  examine  all  evidence  that  may  be  offered  on  both  sides, 
and  may,  if  necessary,  adjourn  from  day  to  day,  and  shall,  upon  con¬ 
cluding  such  examination,  vote  by  “ ayes  and  nay  I'  upon  the  charges, 
whether  the  accused  is  guilty.  The  question  upon  each  charge  shall 
be  :  Is  the  accused  guilty  V'  And  if  a  majority  of  the  aldermen  re¬ 
quired  to  be  elected  by  law,  shall  vote  that  he  is  guilty  of  any  charge 
preferred,  they  may  resolve  that  he  be  removed  from  office,  and  shall 
thereupon  proceed  to  fill  such  vacancy  according  to  law.  The  pro¬ 
ceedings  shall  be  entered  at  large  upon  the  journals  by  the  City 
Clerk. 

Ibid.  Sec.  11.  The  accused  shall  be  heard,  if  he  shall  so  desire, 
by  himself  or  council  in  his  defense,  and  the  City  Attorney,  if  required, 
shall  attend  and  prosecute  on  behalf  of  the  city.  But  no  exceptions 
shall  be  taken  to  the  form  of  the  charges  or  specifications,  and  it  shall 
be  sufficient  if  the  offience  charged  is  clearly  and  substantially  set 
forth. 

* Ibid .  Sec.  12.  The 'Mayor  shall  issue  warrants  under  the  corpo¬ 
rate  seal,  (if  any,)  for  all  witnesses  or  the  production  of  all  papers 

17 


Chap.  15. 


130 


0  rEiOEK.a 


tliat  may  be  required  either  before  the  city  council  or  before  the 
special  committee,  and  deliver  the  same  to  the  City  Marshal,  who  shall 
serve  the  same  by  reading  or  by  delivery  of  a  copy  thereof,  to  the 
person  summoned,  and  shall  make  a  return  in  what  manner  he  has 
executed  the  same.  And  any  person  who  shall  neglect  or  refuse  to 
appear,  or  to  testify  when  so  required,  or  to  produce  any  papers  which 
he  may  have  in  his  possession  or  under  his  control,  pertaining  to  such 
trial,  shall  be  subject  to  a  penalty  of  not  less  than  fifty  dollars,  and 
may  be  compelled  to  appear  or  testify  in  any  other  legal  manner. 
When  any  witness  may  be  unable  to  attend  from  sickness  or  any 
other  cause,  or  is  beyond  the  jurisdiction  of  the  City  Council,  his 
deposition,  taken  in  accordance  with  the  laws  of  this  State,  may  be 
read  in  evidence. 

1  bid.  Sec.  13.  When  any  charges  shall  be  preferred,  the  officer 
shall  be  immediately  suspended  until  they  are  disposed  of,  and  the 
City  Council  may  make  a  temporary  appointment  to  fill  such  vacancy. 
If  any  officer  shall,  without  good  cause,  neglect  to  appear  at  the  time 
appointed,  and  answer  the  charges  against  him,  his  office  shall 
be  declared  vacant.  Any  officer  who  may  be  removed  from  office, 
shall  not  receive  any  salary  from  and  after  the  date  charges  are  prefered 
against  him. 

Ibid.  Sec.  14.  Any  city  officer  authorized  or  required  by  the 
city  charter  to  be  appointed  by  the  City  Council,  may  be  removed 
from  office  at  any  time  by  a  vote  of  a  majority  of  the  aldermen  re¬ 
quired  by  law  to  be  elected.  But  the  City  Council  may,  at  its  option, 
.cause  charges  to  be  preferred  against  such  officer,  and  proceed  to  hear 
and  determine  the  same  in  the  same  manner  as  is  prescribed  in  the 
tenth  section  hereof. 

Sec.  1.  (July  8,  1871)  —  §  15.  That  section  fourteen  of  an 
ordinance  entitled  “an  ordinance  in  relation  to  the  city  officers  of  the 
City  of  Champaign,”  passed  June  16th,  1860,  be  so  amended  that  the 
words  “a  majority,”  occuring  in  third  line  of  said  section,  be  stricken 
out  and  the  words  “three-fourths”  inserted  in  its  place. 

Sec.  1.  (July  2,  1860)  —  §  16*.  That  all  officers  of  the  city  ap¬ 
pointed  by  the  City  Council,  shall,  before  or  upon  entering  upon  the 
discharge  of  the  duties  of  their  respective  offices,  take  an  oath  for  the 
faithful  performance  of  the  duties  of  the  same. 

Division  II.  —  Salaries  and  Fees. 

Section  1.  (July  12,  1871)  —  §  17.  The  salaries  and  compen¬ 
sation  of  city  officers  shall  be  as  follows,  to-wit :  That  for  the  cur¬ 
rent  municipal  year,  and  for  each  and  every  year  thereafter, the 
City  Attorney  of  the  City  of  Champaign,  shall  have  and  receive  a 
salary  of  three  hundred  dollars,  payable  quarterly,  and  no  more  for  all 
services  required  of  him  to  be  rendered  as  such  City  Attorney  by 
the  charter  and  ordances  of  said  city,  excepting  services  rendered  by 
him  for  the  city  in  courts  of  record  ;  and  he  shall  have  and  receive, 
in  addition  to  said  salary,  reasonable  fees  for  such  services  as  he  may 


Chap.  15. 


131 


Officers. 


render  for  the  city  in  courts  of  record,  and  for  such  services  as  are  not 
required  of  him  as  aforesaid. 

Sec.  1.  (May  8,  1809)  —  §  18.  That  the  salary  of  the  Mayor 
of  said  city  be  two  hundred  dollars  per  annum. 

Sec.  2.  (May  8,  1869)  —  §  19.  That  each  of  the  Aldermen  of 
said  city  shall  receive  the  sum  of  two  dollars  for  each  regular  meeting, 
and  the  sum  of  one  dollar  each  for  all  special  meetings'of  the  City 
Council,  and  the  sum  of  five  dollars  each  for  service  on  any  standing 
committee,  and  a  like  sum  for  service  on  any  special  committee. 

Sec.  3.  (May  8,  1869)  —  §  20.  For  any  other  special  service 
rendered  said  city  by  any  member  of  the  City  Council,  by  order  of 
the  Mayor  or  City  Council,  he  shall  receive  such  compensation  as  the 
City  Council  may  deem  reasonable. 

Sec.  1.  (June  15,  1861)  —  §  21.  The  City  Marshal  shall  receive 
such  fees  and  emoluments  as  the  City  Council  may  direct.* 

The  City  Surveyor  and  Engineer  shall  receive  such  fees  for  [his] 
services  as  may  be  provided  by  the  City  Council. 

The  City  Assessor  and  Collector  shall  receive  such  per  cent,  as  the 
City  Council  may  provide,  from  time  to  time,  for  such  services  as  [he] 
may  perform. 

The  City  Marshal  and  Police  Constable  shall  receive  the  same 
fees,  to  be  charged  and  collected  in  the  same  manner  as  other  Con¬ 
stables. 

Sec.  1.  ( -  7,1862)  —  §  22.  That  the  City  Treasurer  shall 

be  allowed  three  per  cent,  on  all  moneys  received  and  paid  out  by  him, 
in  the  discharge  of  the  duties  of  his  office. 

Sec.  1.  (April  23,  1864)  —  §  23.  The  City  Clerk  shall  receive 
a  salary  of  forty  dollars  per  annum. 

Sec.  2.  (June  30,  1869)  —  §  24.  The  City  Council  shall  have 
power  to  fix  the  salary  of  the  City  Supervisor,  by  resolution. 

Sec.  17.  (June  16,  1860)  —  §  25.  The  City  Clerk  may  charge 
and  receive  the  following  fees,  to-wit:  For  copies  or  exemplifications 
of  any  records  of  his  office,  fifteen  cents  for  every  one  hundred  words ; 
for  certificate  of  authentication,  under  the  corporate  seal,  fifty  cents ; 
for  any  official  certificate,  without  the  corporate  seal,  when  not  required 
for  public  use,  twenty-five  cents;  for  administering  an  oath  and  attest¬ 
ing  the  same,  when  not  done  for  the  use  or  on  account  of  the  city, 
twenty-five  cents;  for  cancelling  each  tax  or  other  certificate  of  sale, 
fifteen  cents.  But  neither  he  nor  any  other  city  officer  shall,  in  any 
case,  be  entitled  to  charge  any  fees  against  the  city  for  any  services 
performed  for  the  use  of  the  city,  in  the  discharge  of  his  official 
duties. 

Sec.  16.  (June  16,  1860)  —  §  26.  The  City  Council  may  increase 
or  diminish  the  salaries  of  city  officers  at  anytime,  in  their  discretion, 
but  no  ordinance  changing  the  salary  or  compensation  of  any  officer 
shall  be  retrospective  in  its  operation,  but  such  increase  or  diminution 
of  salary  or  compensation  shall  take  effect  from  the  third  Monday  of 


*  |  20.  Chap  XVII.,  pern*. 


Chat.  15. 


132 


Officers. 


the  next  month  succeeding,  after  the  passage  of  the  ordinance  chang¬ 
ing  such  salary  or  compensation. 

Sec.  18.  (June  16,  1860)  —  §  27.  All  city  officers  receiving  fees 
as  part  of  their  compensation,  shall  keep  an  accurate  account  thereof, 
and  shall,  at  the  end  of  each  year,  report  to  the  City  Council  the  amount 
of  fees  of  all  kinds  received  by  them  during  the  preceding  year. 

Division  III.  —  City  Attorney. 

Sec.  19.  (June  16,  1860)  —  §  28  The  City  Attorney  shall  be 
licensed  to  practice  in  the  courts  of  the  State,  and  shall  prosecute  or 
defend,  in  behalf  of  the  city,  in  all  cases  in  which  the  interests  of  the 
city,  or  the  official  acts  of  any  officer  or  agent  of  the  city,  are  involved. 
He  shall,  when  required,  advise  the  City  Council,  or  any  of  its  com¬ 
mittees,  or  any  city  officers,  in  relation  to  all  matters  of  law  arising 
in  which  the  interests  of  the  city  are  in  question.  He  shall  examine 
all  assessments  and  tax  lists,  or  other  papers,  in  relation  to  the  assess¬ 
ment  or  collection  of  taxes  or  assessments,  and  approve  the  same,  or 
draft  any  ordinance,  bond,  contract,  or  other  instrument  of  writing,  on 
behalf  of  the  city,  or  examine  and  approve  the  same,  when  required  by 
the  City  Council,  or  any  of  its  committees,  or  the  Mayor. 

Sec.  20.  (June  16,  1880)  —  §  29.  He  shall,  when  required,  pros¬ 
ecute  any  suit  brought  in  the  name  of  the  city,  before  any  Police  or 
other  Magistrate,  for  the  recovery  of  any  penalty  or  otherwise.  He 
shall  cause  execution  to  issue  upon  all  judgments  recovered  in  favor 
of  the  city,  and  attend  to  their  prompt  collection,  tie  shall  report  to 
the  C ity^  Council,  or  the  Mayor,  all  cases  in  which  he  shall  deem  it 
expedient  to  take  any  appeal  or  writ  of  error  on  behalf  of  the  city, 
and  the  City  Council  may,  by  an  order  or  resolution,  authorize  the 
same  to  be  done;  and  the  Mayor  shall  enter  into  such  bond  or  other 
obligation  on  the  part  of  the  city,  under  the  corporate  seal,  and  with 
such  sureties  as  may  be  necessary;  and  such  sureties  shall  be  indemni¬ 
fied  by  the  city  from  all  loss  or  damage.  He  shall  prepare  and  file 
all  necessary  papers  in  all  cases  in  which  the  city  is  a  party  or  inter¬ 
ested.  The  City  Clerk  shall  deliver  to  him  any  bond  or  other  paper 
necessary  to  be  used  in  any  suit  or  other  proceeding,  taking  his  receipt 
for  the  same. 

Sec.  22.  (June  16,  1860)  —  §  30.  He  shall  report  to  the  City 
Council,  without  delay,  after  the  adjournment  of  each  term  of  any 
court  of  record,  and  at  such  other  times  as  he  may  be  required,  the 
state  or  disposition  of  all  cases  of  the  city  pending  in  such  court. 
He  shall  examine  all  fee  bills  of  officers  of  courts  and  others,  and 
certify  to  the  correctness  of  the  same,  and  the  liability  of  the  city 
therefor.  But  no  fee  bills  for  cost  for  the  prosecution  of  any  citizen 
of  the  city,  for  any  criminal  offense,  in  the  Circuit  Court  of  Cham¬ 
paign  county,  or  for  jail  fees,  shall  be  certified  to  or  paid,  unless  the 
offender  shall  have  been  duly  convicted,  and  such  costs  cannot  be  col¬ 
lected  from  him. 

Sec.  23.  (June  16,  1860)  —  §  31.  The  City  Attorney  may,  in 
case  of  temporary  absence,  or  otherwise  being  unable  to  attend  to  the 


Chai\  13. 


1 

lj.) 


Officers. 


duties  of  his  office,  with  the  consent  of  the  Mayor,  and  at  liis  own 
expense,  appoint  some  competent  attorney  to  act  in  his  place.  The 
City  Council  may  authorize  the  retaining  of  assistant  counsel  when 
deemed  expedient. 

Division  IV.  —  City  Engineer. 


Sec.  24.  (June  Id,  1880)  —  §  82.  The  City  Engineer  or  Sur¬ 
veyor  shall,  when  required  by. the  Mayor,  the  City  Council,  or  any  of 
its  committees,  make  out  plans,  estimates  and  specifications  for  public 
work,  which  may  be  ordered  or  proposed  by  the  City  Council,  and 
superintend  the  construction  thereof.  He  shall,  when  required  by 
the  City  Council,  make  surveys  of  the  grades  or  boundaries  of  streets 
or  alleys,  and  prepare  plats  or  profiles  thereof,  and  report  the  same  to 
the  City  Council,  and  no  such  survey  of  any  grade  or  boundary  shall 
be  established  and  valid,  until  the  plats  or  profiles  thereof  shall  be 
reported  to  and  approved  by  the  City  Council.  He  shall,  when 
required,  receive,  inspect  or  measure  any  lumber,  or  other  materials 
to  be  used  for  any  public  work,  and,  if  necessary,  shall  keep  an  accu¬ 
rate  account,  in  a  suitable  book,  of  the  quantity  and  quality  of  the 
same,  and  from  whom  received,  and  the  cost  thereof,  and  also  for  what 
purpose  used,  or  to  be  used,  and  to  whom  delivered.  He  shall  examine 


all  accounts  for  materials  received  by  him  on  account  of  the  city,  and 
if  correct,  certify  the  same  to  the  City  Council. 

Sec.  25.  (June  16,  I860)  —  §  88.  He  shall  preserve  in  his  office 
all  records  and  plats  of  surveys,  and  all  books,  papers  and  writings 
pertaining  to  his  office.  He  shall  make  out  and  keep  a  diagram  or 
plat  of  all  the  grades  and  boundaries  of  streets  and  alleys  established 
by  the  City  Council,  correcting  the  same  when  any  grade  shall  be 
changed,  and  adding  thereto  when  any  new  grade  or  boundary  shall 
be  established,  and  he  shall  record,  in  a  suitable  book,  the  profiles 
and  notes  of  all  surveys  of  grades  and  boundaries  established,  and 
shall  preserve  the  original  papers  relating  thereto,  and  shall  otherwise 
keep  a  systematic  record  of  all  the  transactions  pertaining  to  his 
department. 


Sec.  26.  (June  16,  1860)  —  §  84.  He  shall  make  all  surveys  in 
the  city  that  he  may  be  called  upon  to  make,  and  shall  employ,  at  his 
own  expense,  the  necessary  chain-men  and  other  assistants,  who  shall, 
before  entering  upon  their  duties,  be  sworn,  before  him  or  any  person 
authorized  to  administer  oaths,  “to  measure  accurately  and  justly,  and 
co  perform  their  duties  to  the  best  of  their  knowledge  and  ability.” 
He  shall  acquaint  himself  with  the  original  surveys  of  the  town  and 
city,  and  shall,  as  far  as  practicable,  provide  himself  with  copies  of 
the  field  notes  of  the  original  surveys,  and  shall  make  his  surveys  in 
accordance  therewith ;  and  he  shall  note  all  errors  and  discrepancies 
in  the  original  survey  or  surveys  as  soon  as  discovered. 

Sec.  27.  (June  16,  1860)  —  §  85.  He  shall,  upon  finding  or 
establishing  the  boundary  of  any  lot  or  tract  surveyed,  plant  a  sub¬ 
stantial  stake  or  stone  at  each  corner  thereof,  and  give  to  the  owner 


Chap.  15. 


Officers.. 


154' 


or  person  employing  him,  if  required,  a  certificate,  stating  the  date, 
and  as  far  as  practicable,  the  metes  and  bounds  of  the  survey,  and  he 
shall  record  all  such  surveys  in  a  suitable  book,  stating  the  date  of  the 
survey,  for  whom  made,  and  describing,  as  far  as  practicable,  the 
metes  and  bounds  thereof. 

Sec.  29.  (June  16,  1860) — §  36:.  The  City  Clerk  shall  return 
to  the  City  Surveyor  and  Engineer  all  plats  and  other  papers  pertain¬ 
ing  to  his  department,  as  soon  as  the  City  Council  shall  have  no  further 
use  for  them. 

Division  V.  —  City  Supervisors. 

Sect.  SO.  (June  16,  1860)  —  §  37.  The  City  /Supervisor  shall 
superintend  all  improvements  ordered  by  the  City  Council  upon  the 
streets  and  alleys,  and  make  all  necessary  repairs  thereof;  but  no 
improvement  or  repair,  except  such  repairs  as  may  be  actually  neces¬ 
sary,  shall  be  made  without  the  order  of  the  City  Council;  and  shally 
without  delay,  cause  all  breaks  in  any  planked  street  or  alley,  bridge, 
culvert,  apron  or  street-crossing,  or  other  insecure  or  unsafe  place,  to- 
be  repaired,  and  report  the  costs  thereof  to  the  City  Council  for 
allowance.  And  when  the  probable  cost  of  any  such  repair  shall  exceed 
twenty-five  dollars,  the  same  shall  be  made  with  the  concurrence  of  the 
Mayor,  or  of  the  Committee  on  Streets  and  Alleys.  He  shall  annu¬ 
ally,  as  early  as  practicable  in  the  spring  of  the  year,  under  the 
direction  of  the  Mayor,  or  Committee  on  Streets  and  Alleys,  cause 
the  streets  and  alleys,  where  needed,  to  be  cleansed,  and  the  gutters- 
to  be  opened;  and  he  shall,  so  far  as  it  is  practicable,  keep  them  in 
that  condition  during  the  year.  He  shall,  from  time  to  time,  examine 
into  the  condition  of  the  streets  and  alleys,  bridges,  culverts,  cross¬ 
walks  and  sidewalks,  and  report  the  same  to  the  City  Council,  and 
recommend  such  improvements  or  repairs  as  he  may  deem  needed.* 
Se€.  31.  (June  16,  1860)  —  §  38.  He  may,  by  authority  of  the 
City  Council,  when  the  street  labor  shall  be  insufficient  for  repairing 
the  streets,  employ  such  laborers  and  carts  and  teams,  as  may  be 
deemed  necessary  by  the  City  Council,  and  at  such  price  as  may  be 
fixed  by  them,  not  exceeding  the  usual  rates  paid  by  others  for  similar 
labor  and  service.  He  shall  oversee  and  direct  the  street  laborers 
and  workmen  in  the  employ  of  the  city,  and  require  them  to  labor 
faithfully,  and  shall  keep  a  correct  account  of  their  time  in  a  suitable 
book.  He  may  procure  the  necessary  implements  for  performing 
street  work,  or  materials  for  bridges,  culverts  or  cross-walks;  but  he 
shall  purchase  no  implements  or  materials  without  making  his  written 
requisition  to  the  Mayor,  and  getting  his  order  therefor. 

Sec.  32.  (June  16,  1860)  —  §  39.  He  shall  keep,  in  an  appro¬ 
priate  book,  and  in  such  manner  as  maybe  required  by  the  Committee 
on  Finances,  a  plain  and  accurate  account  of  all  expenditures  made 
under  his  supervision,  specifying  to  whom  made,  for  what  purpose, 
and  to  what  ward  chargeable.  He  shall  keep  a  correct  list  and 


*  Actions  will  lie  for  damage  resulting  from  negligence,  from  failure  of  Supervisor  to  repair.  Se«- 
fcrown  vs.  Springfield,  17  Ill.,  143;  City  of  Champaign  vs,  Patterson,  50  I1R  61.. 


IS. 


Officers. 


account  of  all  implements,  materials  and  other  property  of  the  city  in 
their  charge,  and  shall  be  accountable  therefor;  and  shall  deliver  the 
same  to  his  successor  in  office,  taking  his  receipt  therefor,  which  he 
shall  file  with  the  City  Clerk,  who  shall  credit  him  with  the  same,  and 
^charge  his  successor  therewith.  When  he  shall  purchase  any  imple¬ 
ments  on  account  of  the  city,  he  shall  immediately  report  the  bill 
thereof  to  the  City  Clerk,  who  shall  charge  him  with  the  same  at  cost. 
He  shall  cause  all  implements  belonging  to  the  city  to  be  legibly 
marked  with  the  letters  UC.  C.” 

Sec.  33.  (June  16,  1860)  —  §  40.  He  shall  examine  all  accounts 
•of  contractors  and  others  for  work  pertaining  to  his  department,  or 
for  implements  and  materials  furnished  therefor,  and  if  correct  certify 
the  same  to  the  City  Council. 

Sec.  34.  (June  16,  1860)  —  §  41.  He  shall,  on  the  first  Monday 
of  each  month,  report  to  the  City  Council  a  statement  of  all  expendi¬ 
tures  under  his  supervision  for  the  preceding  month,  specifying  the 
purpose  of  such  expenditure,  and  the  ward  in  which  the  same  was 
made,  and,  if  required,  the  person  to  whom  made.  No  account  pre- 
•sented  or  certified  shall  be  allowed,  or  warrant  issued  thereon,  unless 
it  shall  be  so  rendered  as  to  show  to  what  account  and  ward  it  is 
■chargeable. 

Sec.  35.  (June  16, 1860)  —  §42.  The  City  Supervisor  shall  cause 
•all  ordinances  in  relation  to  the  streets  and  alleys,  and  sidewalks,  to 
be  enforced,  and  shall  prosecute  all  violations  thereof.  He  shall  obey 
all  such  orders,  general  or  special,  as  he  may  receive  from  the  City 
Council,  the  Committee  on  Streets  and  Alleys,  or  the  Mayor,  and  for 
refusal  or  willful  neglect  to  perform  any  duty  required  of  him  by  the 
charter,  or  any  ordinance,  he  shall  be  subject  to  removal  from  office. 

Sec.  36.  (June  16*  1860)  —  §  43.  The  City  Council  shall,  as 
soon  as  practicable  after  the  commencement  of  each  fiscal  year,  appro¬ 
priate  from  the  general  fund  an  amount  to  be  expended  in  improving 
■and  repairing  the  streets  and  alleys,  setting  apart  to  each  ward  a  sum 
•equal,  as  near  as  may  be,  to  the  proportion  of  general  taxes  paid  by 
such  ward.  Street  taxes  shall  be  exclusively  expended  in  the  wards 
in  which  the  persons  paying  the  same  reside.  The  City  Clerk  shall 
credit  each  ward  with  the  amount  of  such  appropriation  and  street 
taxes  paid,  and  charge  it  with  the  amount  of  all  warrants  drawn 
•against  it.  The  City  Clerk  shall  immediately  notify  the  Mayor,  or 
City  Council,  when  any  such  appropriation  is  exhausted,  and  thereafter 
no  warrant  shall  be  drawn  against  the  same  until  the  further  order  of 
the  City  Council;  and  no  new  contracts  shall  be  let  or  improvements 
•ordered,  except  for  such  repairs  of  the  streets  and  alleys  as  may  be 
actually  necessary. 

Sec.  37.  (June  16,  1860) — .§  44.  When  any  bridge,  cross-walk, 
culvert,  or  other  street  work,  shall  be  ordered  by  the  City  Council, 
the  location  and  manner  of  constructing  thereof  shall  be  designated 
in  the  order.  Cross-walks  shall  be  constructed  not  less  than  three, 
nor  exceeding  eight  feet  in  width,  and  shall  be  so  laid  as  not  materially 


Cm  at.  I  <E 


VAC,  OntiTXAXdig. 


to  obstruct  the  roadway  ;  and  when  tlie  width  is  not  specified  in  the 
order,  shall  be  laid  to  the  width  of  six  feet.  They  shall  be  laid  with 
good,  not  less  than  two-inch,  white  or  burr  oak,  poplar  or  pine  plank, 
well  spiked  to  suitable  bearings,  placed  not  exceeding  six  feet  apart, 
when  the  plank  run  lengthwise  with  the  sidewalk;  and  when  the 
plank  run  across  the  sidewalk,  then  the  bearings  shall  be  at  least  two 
in  number,  and  not  more  than  five  feet  apart.  Suitable  aprons,  of 
two  inch  plank,  shall  be  laid,  when  necessary,  of  the  width  of  the 
crossing,  or,  if  the  streets  are  planked,  to  the  full  width  of  the  side¬ 
walk.  Culverts,  unless  otherwise  directed  in  the  order,  shall  be  con¬ 
structed  of  at  least  two-inch  white  oak  or  burr  oak,  pine  or  poplar 
lumber,  well  spiked  and  tied  to  a  substantial  framework,  and  of  suffi¬ 
cient  size  and  capacity  to  admit  the  passage  and  carry  off  the  water 
as  fast  as  it  may  flow,  shall  be  covered  with  at  least  three-inch  plank. 
All  ordananees  and  parts  of  an  ordinance  in  conflict  with  this  ordi¬ 
nance  are  hereby  repealed. 


CHAPTER  XVI, 

Ordinances. 


AN  ORDINANCE  in  Relation  to  Ordinances  of  the  City,  and  their 
Construction  and  Effect  in  Certain  Cases. 


I.  Repealing  Ordinance ,  Effect 

,  of  ' 

II.  Conflicting  Ordinances, Effect 

of 

III.  Court ,  how  Construed. 

IV.  Ordinances ,  Revived  liow. 

V.  Numbers  and  Sex ,  Explana¬ 
tion  of. 

VI.  Month,  ivhat  is. 

VII.  Duties  of  Mayor  ;  that  of  Pro 
tem,  etc. 


VIII. 

IX. 

X. 
XI, 

XII. 

XIII. 

XIV. 


Rules  of  Construction,  etc , 

Fines,  not  Released  by  Re¬ 
pealing,  etc. 

Election  under  which  Sec¬ 
tion  of,  to  Prosecute. 

Reasonable  Time,  how  Con¬ 
strued. 

Ordinances  Recorded,  Pub¬ 
lished,  etc. 

Same ,  C lerlc  to  Keep  Files  of. 

Same,  to  be  in  Force  after 
Publication. 


Secton  1.  (June  20,  I860)  —  §  1.  Be  it  or  darned  by  the  City 
Council  of  the  City  of  Champaign,  That  when  any  ordinance,  or 
part  of  an  ordinance,  shall  be  repealed  or  modified  by  a  subsequent 
ordinance,  the  ordinance  or  part  of  an  ordinance  thus  repealed  or 
modified,  shall  continue  in  force  until  the  due  publication  of  the  ordi¬ 
nance  repealing  or  modifying  the  same,  unless  it  shall  be  therein 
otherwise  expressly  provided. 

Ibid.  Sec.  2.  When  the  provisions  of  different  ordinances,  or  of 
the  different  chapters  of  -any '-(ordinances  conflict  with  or  contravene 
each  other,  the  provisions  and  requirements  of  each  ordinance  or  chap- 


ORDIN  ANCiiS 


Chap.  HI. 


ter  shall  prevail  as  to  all  subjects,  matters  and  questions  arising  out 
out  of  or  embraced  within  the  subject  matter  thereof.  Rut  if  different 
provisions  be  found  in  different  sections  of  the  same  ordinance,  the 
provisions  of  the  section  which  is  last  in  numerical  order  shall  prevail, 
unless  such  construction  would  be  repugnant  to  or  inconsistent  with 
the  meaning  of  such  ordinance  or  chapter. 

Ibid.  Sec.  3.  The  word  “  COURT,"  when  used  in  any  ordi¬ 
nance,  shall  be  construed  to  mean  any  court  of  competent  jurisdiction, 
whether  Police  Magistrate’s  Courts,  Justices  of  the  Peace,  or  courts 
of  record. 

Ibid.  Sec.  4.  No  ordinance,  or  part  of  any  ordinance,  repealed 
by  any  other  ordinance,  shall  be  revived  by  the  repeal  of  the  repeal¬ 
ing  ordinance,  unless  it  shall  be  therein  otherwise  expressly  pro¬ 
vided. 

Ibid.  Sec.  5.  When,  in  any  ordinance,  words  importing  the  sin¬ 
gular  number  are  used  in  reference  to  any  person  or  subject  matter, 
such  words  shall  be  deemed  to  extend  to  and  embrace  several  persons, 
matters  or  subjects;  and  words  used  collectively,  or  importing  the 
plural  number,  shall  be  deemed  to  etxend  to  and  embrace  any  singular 
person,  matter  or  subject,  as  well  as  to  several ;  and  when  any  person 
or  subject  matter  shall  be  named,  referred  to,  or  described  by  words 
importing  the  masculine  gender,  or  by  general  terms,  females  as  well 
as  males  shall  be  deemed  included  in  the  meaning  and  terms  thereof; 
and  the  words  “PERSON”  or  “PERSONS,”  or  words  importing 
any  person  or  persons,  shall  be  deemed  to  include  corporations  as  well 
as  individuals. 

Ibid.  Sec.  6.  The  word  “MONTH,”  when  used  in  any  ordi¬ 
nance,  shall  be  construed  to  mean  a  calendar  month;  and  the  word 
“OATH”  shall  be  deemed  to  include  an  affirmation;  and  the  word 
“SWORN”  to  mean  sworn  or  affirmed. 

Ibid.  Sec.  7.  When  any  duty  shall  be  required  of,  or  power 
vested  in  the  Mayor,  the  same  shall  be  deemed  to  extend  to  and 
embrace,  and  may  be  exercised  by  the  acting  Mayor,  or  Mayor  pro 
tem.  also;  and  when  any  duty  shall  be  required  of,  or  power  vested  in 
the  City  Marshal,  the  same  shall  be  deemed  to  extend  to  and  embrace, 
and  may  be  exercised  by  Police  Constables,  unless  such  construction 
would  be  contrary  to  the  terms  of  the  ordinance,  or  in  derogation  of 
the  city  charter. 

Ibid.  Sec.  8.  The  rules  of  construction  herein  prescribed  shall 
apply  in  all  cases,  unless  it  shall  be  otherwise  expressly  provided  in 
the  ordinance,  or  unless  there  be  something  in  the  subject  matter  or 
context  thereof  repugnapt  to  such  construction.  And  all  general 
terms,  provisions,  phrases  or  expressions,  used  in  any  ordinance,  shall 
be  liberally  construed,  in  order  that  the  true  meaning  and  intent  of 
the  City  Council  may  be  carried  out. 

Ibid.  Sec.  9.  No  fine,  forfeiture,  penalty,  right,  action,  suit, 
debt,  or  other  liability  whatever,  created,  instituted,  incurred,  or 
accrued,  by  or  under  any  ordinance  prior  to  its  repeal  or  modification, 
18 


Chap.  16. 


1 38 


Ordinances. 


shall  be  released,  discharged  annulled  or  repealed,  or  in  anywise 
affected  by  the  passage  of  such  repealing  or  modifying  ordinance;  but 
the  same  mayv  be  prosecuted,  recovered  or  enjoyed,  or  any  suit  or 
other  proceeding  be  commenced  or  completed  thereon,  as  fully  and  in 
the  same  manner  in  all  respects  as  if  such  ordinance,  or  part  thereof, 
had  remained  in  full  force,  unless  it  shall  be  otherwise  expressly,  pro¬ 
vided  in  the  ordinance  making  such  repeal  or  modification. 

Ibid.  Sec.  10.  When  any  fine  or  penalty  shall  be  imposed  by 
different  ordinances,  or  sections  or  clauses  of  different  ordinances,  for 
the  same  offense,  the  officer  or  person  prosecuting  may  choose  under 
which  ordinance  or  section  to  proceed,  and  a  recovery  under  the  same 
shall  be  a  bar  to  any  further  proceedings,  under  any  other  provision, 
for  the  same  offense.- 

1  bid.  Sec.  11.  When,  in  any  ordinance,  any  act  shall  be  required 
to  be  done  within  a  “ reasonable  time"  or  upon  a  “  reasonable  notice 
such  reasonable  time  or  reasonable  notice  shall  be  deemed  to  mean 
such  time  only  as  may  be  necessary  in  the  prompt  execution  of  such 
duty,  or  compliance  with  such  notice. 

Ibid.  Sec.  12.  All  ordinances  passed  by  the  City  Council  shall 
be  enrolled  by  the  City  Clerk  in  the  record  book  of  ordinances,  and 
shall  be  properly  indexed  by  their  titles  or  subjects;  and  he  shall, 
without  delay,  cause  all  ordinances  to  be  published  in  the  newspaper 
authorized  to  publish  the  ordinances  of  the  city,  with  his  certificate, 
under  the  corporate  seal  (if  any)  attached,  that  the  same  is  a  “true 
and  authentic  copy  of  the  original  ordinance  (or  ordinances),  and  that 
it  is  printed  and  published  by  authority  of  the  City  Council.”  He 
shall  procure  the  affidavit  of  the  printer,  or  the  publisher,  of  the 
newspaper  publishing  the  ordinances  of  the  city,  of  the  due  publica¬ 
tion  of  such  ordinance,  and  attach  the  same  to  the  original  ordinance; 
or  he  may  write  and  attest  such  affidavit,  or  any  other  competent  proof 
of  such  due  publication,  upon  the  face  of  the  record  of  ordinances. 

Ibid.  Sec.  13.  The  City  Clerk  shall  file  and  preserve  the  origi¬ 
nals  of  all  ordinances  in  his  office,  and  he  may  correct  any  errors  in 
the  numbering  of  any  chapter  or  section  of  any  ordinance,  and  insert 
the  proper  numbers  ;  and  he  may  omit  words  inserted,  or  supply  with 
brackets  words  omitted,  by  clerical  mistake.  He  shall  attend  to  the 
printing  of  all  ordinances  requiring  publication,  or.  ordered  to  be  pub¬ 
lished,  and  read  the  proof  sheets  thereof,  and  see  that  they  are  cor¬ 
rectly  and  properly  printed  and  published. 

Ibid.  Sec.  14.  All  ordinances  passed  by  the  City  Council,  and 
requiring  publication,  shall  be  in  force  from  and  after  the  due  publica¬ 
tion  thereof,  unless  it  shall  be  therein  otherwise  expressly  provided. 
All  ordinances,  or  parts  of  an  ordinance,  in  conflict  with  this  ordinance, 
are  hereby  repealed. 


Chap.  IT. 


Police  DeParth KKT# 


i;jn 


CHAPTER  XVII. 

Police  Depa  rtm  e nt. 


AN  ORDINANCE  Organising  and  Establishing  the  Police  Depart¬ 
ment. 


I.  Police.  Department ,  how. 
Composed. 

II.  Police  Constables ,  Appoint - 
ed ,  how . 

III.  Watchmen,  Appointed  when. 

IV.  OafA  nni  Pond  of  Police - 

men. 

V.  Mayor ,  £0  Supervise  Depart¬ 
ment. 

VI.  City  Marshal ,  Chief  of  Po¬ 
lice. 

VII.  Members  of  Police ,  their 
Powers ,  Duties ,  etc. 
VIII.  Jfny  enter  House  on  Suspi- 
\  cion. 

IX.  Police  Constable  may  Serve 
Papers ,  when. 

X.  Process  to  be  Served  by  City 
Officer. 

XI.  Penalty  for  Violation  of 
Sec.  10. 

XII.  City  Supervisor  may  Arrest , 
when. 

XIII.  Temporary  Watchmen, when 

Appointed. 

XIV.  Police  Magistrates , 

Brought  Before. 

XV.  Statements  in  Suits ,  Form 

of 

Division  I.  —  Police  D 


XVI,  Non-residents ,  Arrested 
when. 

XVII.  Process ,  not  Necessary 
when. 

XVIII.  Parties  Arrested  may 
Give  Bail. 

XIX.  Officers ,  to  be  Witnesses 
when. 

XX.  TFif?? esses  omi  Jurors „ 
id ees  0/. 

XXL  City  Attorney,  not  Com¬ 
pelled  to  Prosecute , 
when. 

XXH.  Supervisor  to  Work 
Prisoners  on  Streets. 

XXIII.  To  Prevent  Escape,  may 
Attach  Ball  f  Chain. 

XXIV.  .Refusal  to  Work,  how 
Proceed. 

XXV.  Prisoners,  Discharged 
when. 

XX. VI.  Prisoners ,  to  be  Lodged 
and  Fed,  how. 

XXVII.  Officers  to  Make  .Report 
of  Prisoners. 

XXVIII.  County  Jail,  to  be  Used 
when. 

XXIX.  id?es  of  CYty  Marshal. 

XXX.  Police  Magistrate,  Re¬ 
port  of,  when  Made. 

E  P  A  RT M  E N  T  G E N E R  A  L L Y . 


Section  1.  (July  14,  1800)  —  §  1.  Be  it  ordained  by  the  City 
Council  of  the  City  of  Champaign ,  That  the  Police  Department  of 
the  city  shall  consist  of  the  Mayor,  the  Aldermen,  and  the  Police 
Magistrate,  who  shall,  ex  officio ,  be  members  of  the  Police  Department, 
the  City  Marshal,  and  such  Police  Constables  and  watchmen  as  may 
be  appointed  by  the  City  Council. 


Chap.  IT, 


PoUOK  DkPaIITMIKT. 


140 


Ibid.  Sec.  2.  The  City  Council  may,  annually,  at  the  time  of 
appointing  the  other  city  officers,  or  at  any  other  time,  appoint,  by 
ballot,  one  or  more  Police  Constables,  not  to  exceed  one  for  each  ward, 
who  shall,  unless  it  may  be  otherwise  specially  provided,  possess  the 
same  powers,  perform  the  same  duties,  and  be  subject  to  the  same 
liabilities  as  the  City  Marshal. 

Ibid.  Sec.  8.  The  City  Council  may,  when  deemed  expedient, 
appoint,  a  competent  number  of  watchmen,  to  continue  in  office  during 
the  pleasure  of  the  City  Council,  and  to  be  subject  to  removal  at  any 
time,  by  the  Mayor,  for  good  cause.  The  watchmen  shall  have  and 
exercise  all  the  powers,  perform  all  the  duties,  and  be  subject  to  all 
the  liabilities  incident  to  the  office  by  law,  or  such  as  maybe  prescribed 
by  ordinance. 

/  bid.  Sec.  4.  Each  Police  Constable  or  watchman  shall,  before 
entering  upon  the  discharge  of  the  duties  of  his  office,  take  and  sub¬ 
scribe  the  oath  required  by  the  city  charter  of  other  city  officers,  and 
may  be  required  by  the  City  Council  to  execute  bond  to  the  city, 
conditioned  as  in  the  case  of  other  city  officers,  and  in  such  sum  and 
with  such  securities  as  they  may  prescribe  bv  order  or  resolution. 
The  bond  and  oath  of  office  shall  be  filed  in  the  office  of  the  City 
Clerk.  Watchmen  and  Police  Constables  shall  receive  such  fees, 
salary  or  compensation  as  may  be  provided  by  the  City  Council. 

Ibid.  Sec.  5.  The  Mayor  shall  exercise  a  general  supervision 
and  control  over  the  Police  Department,  and  shall  see  that  the  various 
police  officers  are  prompt  and  efficient  in  the  discharge  of  their  duties; 
and  he  shall,  from  time  to  time,  take  such  measures  for  the  preserva¬ 
tion  of  the  public  peace  and  good  order,  and  for  the  prompt  and  effi¬ 
cient  execution  of  the  laws  of  the  State  and  the  ordinances  of  the 
city,  as  may  be  deemed  most  expedient  and  best  to  accomplish  the 
purpose  con  tempi  ated. 

Ibid.  Sec.  6.  The  City  Marshal  shall  be  the  Chief  of  Police, 
and  all  Police  Constables  and  watchmen,  except  otherwise  provided 
by  ordinance,  shall  be  subject  to  his  direction  and  control.  The  Mar¬ 
shal  and  each  Police  Constable  shall  have  a  station  in  some  central 
location,  where  he  shall  attend  at  all  reasonable  hours,  except  when 
absent  on  duty;  and  all  police  officers  shall  render  prompt  and  efficient 
aid  to  each  other  in  the  discharge  of  his  duties. 

Ibid.  Sec.  T.  All  members  of  the  Police  Department  shall  cause 
all  the  ordinances  of  the  city  to  be  observed  and  enforced,  especially 
within  their  respective  wards  or  districts.  When  any  violation  of  law, 
or  of  any  ordinance,  shall  come  to  the  knowledge  of  any  member  of 
the  Police  Department,  or  be  reported  to  him,  he  shall,  without  delay, 
cause  the  proper  complaint  to  be  made  before  a  Police  Magistrate,  or 
other  competent  court,  and  the  proper  witnesses  to  be  summoned,  or 
evidence  procured,  for  the  successful  prosecution  of  the  offender.  The 
Mayor,  or  any  Alderman  or  Police  Magistrate,  may,  and  all  other 
police  officers  shall,  arrest,  with  or  without  process,  any  person  who 
shall  be  found  in  the  act  of  violating  any  ordinance  of  the  city,  and 

*0  v  ' 


141 


Police  Department* 


Chap.  IT. 


commit  him  for  examination,  and,  if  necessary,  detain,  him  in  custody 
over  night,  or  over  Sunday,  or  place  him  in  the  county  jail,  city  prison, 
or  other  secure  place,  until  lie  can  be  brought  before  the  Police  Magis¬ 
trate,  or  other  competent  court.* 

Ibid »  Sec.  8.  Any  police  officer  shall  have  power,  upon  reason¬ 
able  ground  of  suspicion,  to  enter  peaceably,  or,  if  refused  or  resisted, 
after  demand  made,  by  force,  any  house  or  other  premises,  in  which 
any  person  may  be  suspected  to  be  for  unlawful  purposes,  and  may 
arrest,  without  process,  any  person  who  may  be  found  therein,  guilty, 
or  reasonably  supposed  to  be  guilty,  of  any  criminal  act,  and  detain 
him  in  custody,  as  in  other  cases,  until  he  can  be  brought  before  a 
competent  court  or  magistrate. 

Ibid .  Sec.  9.  Police  Constables  shall  have  power  and  authority 
to  serve  and  execute  all  process  for  the  apprehension  or  commitment 
of  all  persons  charged  with  the  violation  of  any  ordinance  of  the  city, 
and  in  all  cases  arising  under  the  charter  or  ordinances  of  the  citv,  in 
the  same  manner  and  with  the  same  powers  as  the  City  Marshal,  and 
shall  be  entitled  to  receive  the  same  fees  as  other  constables  under  the 
laws  of  the  State,  or  as  the  Citv  Marshal  for  similar  services. 

Sec.  1.  (Jan.  27,  1868) — -  §  10.  In  all  cases  where  any  suit  or 
suits,  of  any  kind  whatever,  shall  be  commenced,  wherein  the  City  of 
Champaign  is  or  shall  be  plaintiff  or  defendant,  it  shall  be  the  duty 
of  the  Police  Magistrate  or  any  justice  of  the  peace  having  jurisdic¬ 
tion  within  the  City  of  Champaign,  and  who  may  be  trying  any  such 
suit,  or  suits,  to  deliver  to  the  Marshal,  or  a  Police  Constable  of  the 
City  of  Champaign,  for  service,  all  such  summons,  warrants,  writs, 
subpenas,  venires  for  juries,  and  executions,  as  shall  or  may  be  required 
by  either  party,  in  any  such  suit  or  suits,  and  it  shall  thereupon  be  the 
duty  of  the  City  Marshal  or  Police  Constable,  to  whom  any  such 
as  aforesaid  shall  be  delivered,  to  promptly,  and  without  delay,  serve 
such  writs  or  other  process,  according  to  the  command  thereof,  and  make 
due  return  of  the  same;  Provided ,  that  in  the  absence  of  the  City 
Marshal  and  the  Police  Constables,  then  it. shall  be  the  duty  of  the 
Mayor  to  appoint  some  competent  person  to  serve  any  and  all  such 
process  as  may  be  required. 

Sec.  2.  (Jan.  27,  1868) — -§  11.  Any  officer  violating  any  of 
the  provisions  of  section  one  of  this  ordinance,  shall  be  fined  in  any 
sum  not  less  than  ten,  nor  more  than  fifty  dollars,  for  each  offense. f 
Sec.  10.  (July  14,  I860)  — §  12.  The  City  Supervisors  shall 
have  power  to  arrest,  without  process,  in  the  same  manner  as  police 
officers,  all  persons  who  may  be  found  violating  any  ordinance  in  rela¬ 
tion  to  streets,  alleys  or  sidewalks. 

Sec.  11.  (July  14,  1860)  —  §  13  Whenever  the  Mayor  and  the 
Committee  on  Police  shall  deem  it  necessary  to  establish  a  temporary 
night  watch,  or  temporarily  to  increase  the  number  of  watchmen  or 
Police  Constables,  they  may  appoint,  in  writing,  under  the  corporate 

*  The  City  Marshal  has  power  to  arrest,  without  warrant,  any  offender,  for  the  violation  of  any  peu*! 
'ordinance,  committed  in  U is  presence.  Bryan  vs.  Bates,  1~>  Ill.,  87;  Main  vs.  McCarty,  Lr>  Til..  44V. 

4  Rotors  to  £  TO. 


f  ’o  LTC'£  (.)  K P A  UT.MK.Vr, 


(/MAP.  f7„ 


[Cl 


seal  and  signature  of  the  Mayor,  a  suitable  number  of  temporary 
watchmen,  or  policemen,  whose  powers,  duties  and  liabilities  shall  be 
the  same  as  other  watchmen  and  Police  Constables,  and  who  shall  take 
and  subscribe  the  same  oath,  and  may  be  required  to  execute  bond  to 
the  city  in  like  manner.  The  persons  so  appointed  shall  receive  such 
compensation  as  may  be  agreed  upon,  or  as  may  be  provided  by  the 
City  Council,  and  the  City  Council  may  continue  or  discontinue  the 
same  in  its  discretion. 

Division  II.—  Police  Magistrates. 

Sec.  12.  (July  14,  I860)  — §  14.  All  suits  or  actions  for  the 
recovery  of  any  line,  penalty  or  forfeiture,  arising  under  the  city 
charter,  or  the  ordinances  of  the  city,  where  the  amount  sued  for,  or 
in  controversy,  does  not  exceed  one  hundred  dollars,  may  he  brought 
before  any  Police  Magistrate  of  the  city,  or  before  any  justice  of  the- 
peace  in  the  city,  designated  by  the  City  Council. 

Sec.  18.  (July  14,  I860)' — §15.  Before  any  suit  shall  be  brought 
in  the  name  of  the  city  by  any  Police  Magistrate,  or  justice  of  the 
peace,  for  any  fine  or  penalty,  the  City  Attorney,  or  other  officer  or 
person  prosecuting,  shall  file  a  statement,  signed  by  him,  substantially 
as  follows,  to-wit  i 

ALA.  B., 

H  To  the  City  of  Champaign r  Dr. 

“  To - dollars ,  for  a  violation  of  the  — -  section  (or  sections),  of  an  ordu 

nance  of  the  City  of  C  hampaign,  entitled  (here  set  forth  the  title  of  the  ordinance), 

passed  on  the  —  day  of  - - ,  186 —  (or  of  the  city  charier,  as  the  case  may  he ),  in 

this,  to-wit:  that  the  said  A.  B,,  on  or  about  the  —  day  of  — A.  D.  186 — r 
before  the  commencement  of  this  suit,  did,  at  the  City  of  C hampaign  (or  within  the 
jurisdiction  of  said  city),  (here  state  the  particular  violation  or  violations  Cum-- 
plained  of  as  near  as  may  bt,  in  the  language  of  the  ordinance  or  city  charier). 

11  Signed ,  C.  DC 

Sec.  14.  (July  14,  I860)  — §  16.  Upon  affidavit  being  made  by 
any  person,  of  the  violation  of  any  ordinance  by  any  other  person,, 
stating  the  nature  of  the  violation,,  and  that  the  offender  is  a  non¬ 
resident  of  the  city,  or  is  about  to  leave  or  remove  from  the  cily,  or 
that  there  is  otherwise  danger  that  the  debt  or  penalty  will  be  lost  to 
the  city,  unless  the  defendant  be  arrested  and  held  to  bail,  stating  the 

'  #  7  O 

cause  of  such  danger,  to  the  satisfaction  of  the  court;  or,  if  it  shall 
appear  from  the  affidavit  that  the  offense  committed  is  an  assault, 
breach  of  the  peace,  or  other  offense  in  which  a  warrant  is  authorized 
to  be  issued  by  the  laws  of  the  State,  a  warrant  may  be  issued  for  the 
person  accused  as  in  other  cases.* 

Sec.  15.  (July  14,  1860)  —  §  17.  No  process  shall  be  necessary 
where  the  person  is  legally  arrested  without  warrant,  and  brought 
before  the  court;  but  the  officer  making  the  arrest  shall,  unless  waived 
by  the  person  arrested,  return  a  written  statement  of  the  cause,  time- 
and  place  of  arrest,  and  a  note  thereof  shall  he  entered  upon  the- 

*  See  Gross’  Statutes,  1871,  ?  119,  paRe  407;  also  pome,  J  28,  pajre  .190;  also  er  part*  Smith.  10  Til.,  347.. 
Hid  MeKiitdley  rr.  Ttising:,  28  Til.,  337. 


PoUCK  1)EPA ICI'MEHT.  . 


Chit,  IT. 


143 


docket  of  the  court,  but  in  all  cases  the  statement  required  by  the 
thirteenth  section  hereof,  shall  be  made  out,  signed  and  filed  as  therein 
described. 

Sec.  16.  (July  11,  1860)  —  §  18.  Any  person  who  n\ay  be 
arrested  by,  or  in  the  custody  of  an  officer,  for  the  violation  of  any 
ordinance  of  the  city,  may  release  himself  from  custody  or  imprison¬ 
ment  by  entering  into  bail  or  recognizance  before  such  officer  or  before 
any  Police  Magistrate,  in  such  amount  or  with  such  surety  or  sureties 
as  may  be  required  of  him,  and  conditione  1  that  he  will  appear  before 
the  Police  Magistrate  or  court,  named  therein,  at  the  time  named 
therein,  and  remain  and  answer  the  offense  with  which  he  stands 
charged,  and  await  his  trial  thereon,  and  not  depart  the  court  without 
leave.  The  amount  of  the  penalty  of  the  bond  or  recognizance  shall 
be  proportioned  to  the  offense  charged,  and  such  bond  or  recognizance 
shall  be  filed  with  the  magistrate  or  court  named  therein,  by  the  officer 
taking  the  same;  and  if  the  offender  shall  fail  to  appear,  or  shall 
otherwise  fail  to  comply  with  the  conditions  thereof,  the  same  shall  be 
adjudged  forfeited,  and  suit  shall  forthwith  be  brought  thereon  against 
tiie  offender,  and  his  surety  or  sureties,  for  the  full  amount  of  the 
penalty  thereof,  and  judgment  shall  be  rendered  by  the  court  for  the 
same  and  all  costs,  or  for  so  much  of  said  penalty  as  may  be  adjudged 
just  and  proper,  upon  examination  of  the  facts  of  the  case. 

Sec.  17.  (July  14,  1860) — -§  19.  All  officers  making  arrests 
shall  attend  as  witnesses  before  the  Police  Court,  and  shall  procure  all 
necessary  evidence  in  their  power,  and  furnish  a  list  of  all  witnesses 
to  the  court  or  to  the  City  Attorney. 

Sec.  18.  (July  14,  1860)  —  §  20.  Witnesses  and  jurors  attend¬ 
ing  before  any  Police  Magistrate,  in  any  suit  or  action  for  any  fine  or 
penalty  arising  under  the  ordinances  of  the  city,  shall,  in  case  judg¬ 
ment  is  obtained  against  the  offender  and  collected  of  him,  be  entitled 
to  the  same  fees  as  in  like  cases  before  justices  of  the  peace;  but  no 
costs  of  any  kind  shall  be  taxed  against  or  collected  of  the  city. 

Sec.  19.  (July  14,  1860)  —  §  21.  The  City  Attorney  shall  not 
be  compelled  to  bring  or  prosecute  any  suit  in  any  case  where  he  and 
the  court  may  be  satisfied  that  the  complaint  is  instituted  maliciously 
or  vexatiously,  and  without  any  probable  cause,  and  that  the  interests 
of  the  public,  or  of  the  city,  will  not  be  subserved  thereby;  and  if  any 
person,  charged  with  any  offense,  shall,  upon  his  trial  therefor;  be 
acquitted,  and  it  shall  satisfactorily  appear  to  the  court  that  the  com¬ 
plaint  or  prosecution  was  instituted  maliciously  or  vexatiously,  and 
without  probable  cause,  judgment  may  be  rendered  against  the  com¬ 
plainant  or  prosecutor  for  the  costs  arising  in  the  case,  and  execution 
issued  for  the  collection  of  the  same. 

Sec.  20.  (July  14,  1860)  —  §  22.  When  any  person  shall  be 
committed  by  any  court  or  Police  Magistrate,  for  the  non-payment  of 
any  fine  or  penalty,  the  City  Marshal  or  any  Police  Constable  may 
take  such  person  from  the  county  jail,  or  other  place  of  confinement, 
and  deliver  him,  with  a  copv  of  the  execution,  and  with  the  amount 


Police  Department. 


V 


•PflAP.  17. 


of  fine  and  costs,  into  the  custody  of  the  City  Supervisors,  or  either 
of  them,  or  any  other  person  having  charge  of  any  of  the  public 
works  of  the  city;  and  the  Supervisor,  or  such  other  person,  shall 
receive  the  person  so  committed  into  his  custody,  and  receipt  for  him, 
and  shall  enter  in  a  book  the  amount  of  the  fine  and  costs,  and  the 
number  of  days  which  the  person  will  be  required  to  labor  to  discharge 
the  same,  at  the  rate  of  one  dollar  for  each  day  he  shall  diligently 
labor;  and  he  shall  compel  such  person  to  labor  on  the  streets  and 
alleys,  or  any  other  public  works  of  the  city,  for  ten  hours  in  each  day, 
and  shall  credit  him  with  one  dollar  for  each  dav  he  shall  so  diligently 
labor,  and  shall  discharge  him  when  he  shall  have  labored  out  his  fine 
and  costs. 

Sec.  1.  (May  19,  1868)  —  §  23.  When  any  person  is  delivered 
to  the  City  Supervisor,  or  any  person  having  charge  of  any  of  the 
public  works  of  said  city,  in  pursuance  of  section  twenty  of  the  ordi¬ 
nance  to  which  this  is  an  amendment,  for  the  purpose  of  being  com¬ 
pelled  to  labor,  in  pursuance  of  said  section,  that  said  Supervisor  or 
other  person  may,  if  in  his  or  their  judgment  necessary  to  enforce 
obedience,  or  prevent  escape,  secure  the  person  so  required  to  labor, 
by  fastening  to  the  leg,  immediately  above  the  ankle,  a  chain  with  a 
ball  attached,  of  sufficient  weight  to  prevent  the  escape  of  such  person, 
and  the  person  so  required  to  labor  shall  wear  such  ball  and  chain 
during  the  time  he  is  out  of  confinement,  for  such  purpose;  but  said 
Supervisor  or  other  person  shall  not,  in  fastening  upon  or  removing 
said  ball  and  chain  from  such  person,  wound  or  bruise  the  flesh  of  such 
person,  or  thereby  be  guilty  of  any  personal  violence  or  cruelty  to 
such  person,  under  a  penalty  of  not  less  than  twenty-five  dollars  for 
each  offense. 

Sec.  21.  (July  14,  1860)  —  §  24.  Any  person  so  committed  who 
shall  refuse  to  labor,  or  who  shall  conduct  himself  in  a  riotous  manner, 
or  shall  refuse  to  obey  the  orders  of  the  Supervisor,  or  other  persun 
having  him  in  charge,  or  shall  resist  him,  or  attempt  to  escape,  shall 
not  be  entitled  to  any  credit  on  his  [fine],  and  may  be  recommitted  to 
the  county  jail,  or  other  safe  place  of  confinement,  until  he  shall 
consent  to  labor.  If  any  such  person  shall  escape  he  shall  forfeit  the 
whole  of  his  labor  performed,  and  if  retaken  shall  work  out  the  whole 
amount  of  the  fine  and  costs  for  which  he  was  originally  committed. 

Sec.  22.  (July  14,  1860)  —  §  25.  Any  person  committed  may, 
any  time,  pay  the  amount  of  the  execution  and  costs,  and  upon  the 
payment  being,  made,  or  upon  his  working  out  the  amount  of  the  fine 
and  the  costs  against  him,  or  otherwise  being  entitled  to  his  discharge, 
the  Marshal,  Supervisor,  or  other  officer  or  person  having  him  in  cus¬ 
tody,  shall,  if  required,  give  him  a  written  discharge  and  set  him  at 
liberty. 

Sec.  23.  (July  14, 1860)  —  §  26.  The  Supervisor,  or  other  officer 
or  person,  having  any  person  so  committed  into  his  custody  for  the 
purpose  of  laboring  out  his  fine  and  the  costs,  shall  furnish  him  with 
comfortable  lodging  and  plain,  wholesome  food,  for  which  he  shall  be 


Cwxf*.  ir. 


u; 


Poi.ict:  Dkpautmkmt. 


allowed  forty  cents  a  day,  to  be  paid  by  the  person  so  committed;  and 
if  he  shall  not  pay  the  same  it  shall  bo  paid  by  the  city,  and  charged 
to  him  and  labored  out  in  the  same  manner-  as  his  fine,  or  he  may 
commit  such  person  to  the  county  jail  or  other  secure  place  for  safe 
keeping,  when  not  laboring,  and  take  him  therefrom  each  day  for  the 
purpose  of  laboring. 

Sec.  24.  (July  14,  1860)  —  §  27.  The  Supervisor,  the  Marshal, 
or  other  officer  having  such  person  in  custody,  shad,  from  time  to 
time,  report  to  the  City  Council  the  names,  the  amount  of  the  fine, 
the  manner  of  discharging  the  same,  a  id  the  number  of  days’  labor 
performed  ;  and  if  any  person  so  committed  shall  escape,  the  officer 
or  person  having  him  in  custody  shall  immediately  notify  the  Mayor 
and  Marshal  thereof,  giving  the  Marshal  a  description  of  such  per¬ 
son. 

Sec.  25.  (July  14,  1860) — -§  28.  Until  a  city  prison  shall  be 
provided  or  established  by  the  City  Council,  any  person  arrested  or 
in  custody  for  the  violation  of  any  law ‘or  ordinance  of  the  city,  may 
be  placed  in  the  county  jail  of  the  county  of  Champaign  for  safe 
keeping,  until  he  can  be  brought  before  a  competent  court  or  magis¬ 
trate,  a  id  any  person  committed  in  default  of  the  payment  of  any 
fine,  forfeiture  or  penalty,  arid  costs  recovered  against  him,  may  be 
confi  >ed  in  such  county  jail,  subject  to  labor  as  herein  required. 

Sec.  1.  (June  15,  1861) — -§  2d.  The  City  Marshal,  or  any 
other  Constable,  shall  be  allowed  ten  per  cent,  on  all  fines  prosecuted 
by  them,  and  collected  and  paid  over  to  the  City  Treasurer,  in  lieu  of 
all  costs  and  charges  against  the  city. 

Sec.  27.  (July  11,  1861) — *§  30  Any  Police  Magistrate  or 
other  officer  collecting  fi  ms  or  moneys  on  account  of  the  city,  shall 
pay  the  same  into  the  city  treasury  as  fast  as  collecte  l.  The  Police 
M  i.gistrate  before  whom  any  suit  or  suits  may  be  brought,  in  the  name 
of  the  city,  for  the  recovery  of  a  \j  fines  or  penalties,,  shall,  quarterly, 
on  the  first  Mon  lays  of*  March,  June,  September  and  December,  in 
each  year,  report  to  tire  City  Council  a  list  of  all  the  suits  brought  in 
the  name  of  the  city,  since  his  last  report,  with  the  disposition  made 
of  each  case,  the  amount  of  the  fine  imposed,  if  any,  the  name  of  the 
officer  charged  with  the  collection  of  the  same,  by  whom,  and  the 
ainou  it  collected,  and  the  amou  it  of  percentage  hie  to  such  officers  ; 
also,  the  amount  collecte  1  since  his  last  report,  upon  any  judgment, 
for  any  fine  rendered  prior  to  such  report,  with  the  amount  of  the 
percentage  due  the  proper  officer  thereon;  and,  upon  the  approval  of 
his  report,  the  City  Council  shall  order  the  amount  of  percentage  to 
be  paid  to  the  officer  entitled  thereto. 

If  any  Police  M  igistrate  shall  neglect  or  refuse  to  hold  a  Police 
Court  at  any  ream  mble  time,  when  required,  or  shall  refuse  to  accept 
any  allowance  made  by  the  City  Council,  in  lieu  of  all  costs  and 
charges  against  the  city,  or  shall  neglect  or  refuse  to  pay  over  any 
moneys  collected  by  him,  or  make  his  quarterly  report  as  is  herein 
required,  the  City  Council  may  order  ali  suits,  in  the  name  of  the  city, 

19 


t'fiAC.  18. 


14« 


Uaii.hoad*. 


for  the  recovery  of  any  fine  or  penalty,  to  be  brought  before  some 
other  Police  Magistrate,  or  justice  of  the  peace,  who  shall  agree  to 
comply  with  the  requirements  hereof,  and  before  whom  all  suits,  in 
the  name  of  the  city,  for  the  recovery  of  any  line,  forfeiture  or  pen¬ 
alty,  shall  be  brought. 

If  any  Police  Magistrate,  or  other  officer,  shall  neglect  or  refuse 
to  pay  over  any  fine,  or  any  moneys  collected  by  him,  on  account  of 
the  city,  legal  proceedings  may  be  commenced  at  any  time  to  compel 
*ueh  payment. 


PH  AFTER  XVIII 
Railroads. 


AN  ORDINANCE  in  Relation  to  Railroads. 


L 

II. 


Rate  of  Speed  in  City . 
Crossings ,  Cars  not  to  Stop 

071. 


III. 

IV. 


Proceedings  against ,  how  Con - 
ducted. 

Fines ,  how  Collected. 


Section  1.  (Nov.  25,  1863)- — §  1.  Be  it  ordained  by  the  City 
Council  of  the  City  of  Champaign ,  That  no  train,  locomotive,  cars 
or  car,  shall  be  run  upon  any  railroad,  railroad  switch  or  side-track, 
within  the  corporate  limits  of  said  city,  by  any  person  or  persons,  at 
a  rate  exceeding  five  miles  an  hour,  under  the  penalty  of  a  fine  of  not 
less  than  twenty-five  dollars  for  each  offense. 

Ibid.  Sec.  2.  That  no  train,  locomotive,  cars  or  car,  shall  be 
allowed  to  stand  upon  any  railroad,  railroad  switch  or  side-track,  within 
the  corporate  limits  of  said  city,  where  there  is  a  street  of  said  city 
crossing  such  railroad,  railroad  switch  or  side-track,  for  more  than  five 
minutes  at  one  time,  under  a  penalty  of  not  less  than  twenty-five  dol® 
lars’  fine  for  each  offense. 

Ibid.  Sec.  3.  That  if  the  owner  of  any  such  railroad,  railroad 
switch  or  side-track,  upon  which  offenses  may  be  committed,  as  men¬ 
tioned  in  sections  first  and  second  of  this  ordinance,  be  a  corporation, 
it  shall  be  liable  to  a  fine,  the  same  as  an  individual,  and  the  suit  shall 
be  commenced  against  such  a  corporation  in  its  corporate  name  ;  and 
service  upon  any  of  its  agents,  clerks  or  authorized  officers,  by  leaving 
a  copy  of  the  writ  with  such  agent,  clerk  or  authorized  officer,  will  be 
sufficient  to  maintain  the  suit,  and  such  corporation  shall  be  fined 
according  to  the  provisions  of  said  first  and  second  sections:  Provided , 
that  if  the  owner  of  any  such  railroad,  railroad  switch  or  side-track, 
upon  which  offenses  may  be  committed,  as  mentioned  in  said  sections 
first  and  second  of  this  ordinance,  be  not  a  eroporation,  that  then  the 
person  or  persons  connected  with  such  train,  locomotive,  cars  or  car. 


ft 


Chap.  19. 


147 


Siri¬ 


us  conductor,  engineer  or  superintendent,  shall  be  arrested  and  fined, 
as  provided  by  said  sections,  according  to  the  offense,  the  proceedings 
being  the  same  as  required  in  cases  of  ordinary  violation  of  the  city 
ordinances  of  said  city. 

Ibid.  Sec.  4.  That  if  a  corporation  is  fined  under  the  provisions 
of  this  ordii  ance,  such  fine  may  be  realized  by  a  levy  upon  and  sale 
of  any  personal  property  within  the  corporate  limits  of  said  city,  belong¬ 
ing  to  such  corporation,  the  execution  and  the  proceedings  thereunder 
being  the  same  as  by  law  is  required  under  an  execution  issuing  from 
a  justice  of  the  peace  in  this  State. 


CHAPTER  XIX. 
Seal. 


AN  ORDINANCE  Defining  and  Establishing  the  Corporate  Seal 

of  the  City. 


I.  Seal  Described. 


II.  Official  Paper  to  be  Sealed  by 
Clerk. 


Section  1.  (June  16,  I860)* — §  1.  Be  it  ordained  by  the  City 
Council  of  the  City  of  Champaign ,  That  the  corporate  seal  of 
the  City  of  Champaign  shall  be  of  circular  shape,  with  the  words — * 
“Corporate  Seal  of  the  City  of  Champaign,  i860 ”  —  engraved 
on  the  face  thereof. 

Ibid.  Sec.  2.  The  City  Clerk  shall  prepare  all  commissions,  or 
other  official  documents,  required  to  be  issued,  and  affix  the  corporate 
seal  thereto,  and  attest  or  countersign  the  same.  He  shall  affix  the 
corporate  seal  to  all  official  acts  of  the  Ma}ror  requiring  it,  and,  if 
necessary,  attest  or  countersign  the  same.  He  shall  certify,  under 
the  corporate  seal,  copies  of  all  records,  documents  or  papers  in  his 
office,  when  required  by  any  officer  or  other  person.  But  in  no  case 
shall  the  impression  of  the  corporate  seal  be  binding  upon  the  city, 
unless  it  be  authorized  by  the  charter  or  ordinances  of  the  city,  and  it 
attested  by  the  signature  of  the  City  Clerk. 


Chap.  20. 


148 


Skw  tits. 


CHAPTER  XX. 
Sewers. 


AN  ORDINANCE 


in  relation  to  Sewers,  and  Establishing  the  First 
Sewerage  District. 

O 


I. 

I. 

II. 

II. 

III. 

IV. 


Sewers ,  Petition  for  and  Con-} 
str action  of. 

Same ,  Cost  of \  how  Paid. 
Same ,  may  Borrow  Money 
for  and  Issue  Bonds. 

Same ,  Name  of  Bonds  and 
iv hen  Payable. 

Same ,  Bonds  for ,  how  Paid. 
Same ,  “  Interest  on,  how 

Paid. 


VI.  Same ,  Lateral ,  /mw  CW- 
sir  acted.. 

VII.  Private  Property ,  how 

Brained. 

VIII.  Intersections  of  Sewers, how. 

IX.  Sewers,  Repairs  upon,  how 
Made. 

X.  Private  Brains,  hoiv  Made. 

XI.  Sezvers,  Cesspools  not  to  be 
Brained  into. 


V. 

VI. 


Same,  City  Engineer  to  Re¬ 
port  of. 

Same,  Material  of  and  Con¬ 
struction  of. 


XII.  Petitions  for,  to  be  Filed. 

XIII.  Sezvers,  Map  of ,  Kept  by 

Engineer. 

XIV.  First  Saver  age  Bist.,  Lim¬ 

its  of. 


Section  1.  (May  15,  1862)  —  §  1.  Be  it  ordained  by  the  City 
Council  of  the  City  of  Champaign,  That  whenever  a  majority  in 
number  of  the  owners  of  the  real  estate  situated  and  embraced  in  any 
sewerage  district,  established  by  ordinance,  shall  petition  to  the  City 
Council  for  the  construction,  extension,  enlargement  or  alteration  of 
any  sewer,  or  part  of  a  sewer,  within  such  district,  the  City  Council 
may,  by  ordinance,  order  and  direct  and  provide  for  the  construction, 
extension,  enlargement  or  alteration  of  such  sewer,  or  part  of  a  sewer, 
by  letting  the  same  by  contract,  in  the  same  manner  as  the  other 
public  works  of  the  city,  or  in  such  other  manner  as  may  be  prescribed. 
And  to  defray  the  costs  of  the  construction,  extension,  enlargement  or 
alteration,  a  tax  not  exceeding  five  mills  on  the  dollar,  per  annum, 
shall  be  annually  assessed  upon  the  real  estate  within  such  sewerage 
district,  according  to  the  assessed  valuation  thereof,  and  collected  in 
the  same  manner  as  other  general  city  taxes,  until  the  total  cost  of 
the  construction  of  such  sewer,  or  the  debt  with  the  interest  thereon 
which  may  be  incurred  therefor,  shall  be  fully  paid,  and  such  tax 
shall  be  a  lien  upon  the  real  estate  of  the  district  in  which  it  is  levied 
and  assessed. 

Ibid.  Sec.  2.  The  Mayor,  when  authorized  by  ordinance,  may, 
with  the  concurrence  of  the  Committee  on  Streets  and  Alievs,  borrow 
money  upon  the  credit  of  the  city  to  such  amount  as  may  be  necessary 
to  defray  the  cost  of  the  construction  of  the  sewers  ordered  in  any 
sewerage  district  of  the  city,  and  issue,  sell  or  dispose  of  the  bonds 
of  the  city  therefor  to  the  best  advantage.  Such  bonds  shall  be 
designated  “sewer  bonds’’  of  District  No.  —  (according  to  the 


Chap.  20. 


St'ff 


UO 


number  of  the  district  for  which  the  same  were  issued)  and  shall  be 
dated  the  day  of  issuing  or  delivery  thereof,  and  signed  by  the  Mayor 
and  City  Clerk,  under  the  corporate  seal,  and  shall  be  payable,  either 
in  gross  or  by  installments,  in  not  less  than  two  nor  exceeding  ten 
years,  and  bear  interest  at  not  exceeding  the  rate  of  interest  authorized 
by  the  city  charter,  payable  as  may  be  agreed  upon,  not  oftener  than 
semi-annually,  and  the  principal  and  interest  payable  at  such  place 
within  the  United  States,  to  be  named  on  the  bond,  as  may  be  agreed 
upon. 

Ibid.  Sec.  3.  The  principal  and  interest  Which  may  become  due 
upon  such  bonds  shall  be  payable  from  the  special  tax  of  five  mills  to 
the  dollar  per  annum  upon  the  assessed  valuation  of  all  the  real  estate 
within  such  sewerage  district,  which  tax  shall  be  thereafter  annually 
assessed  and  levied  thereon,  and  collected  therefrom,  until  the  whole 
of  the  principal  and  interest  accruing  and  due  upon  such  bonds  shall 
be  paid.  The  proceeds  arising  from  the  sale  or  disposition  of  such 
bonds  shall  be  pai  1  into  the  city  treasury,  to  the  credit  of  the  sewerage 
district  for  which  the  bonds  were  issued  or  sold,  and  shall  be  exclusively 
expended  and  applied  toward  the  construction  of  the  sewers  ordered 
in  such  district. 


Ibid.  Sec.  4.  The  City  Clerk  shall  annually  enter,  in  the  appro¬ 
priate' column,  in  the  Assessor’s  and  Collector’s  warrant,  the  tax  of 
five  mills  to  the  dollar  upon  the  assessed  valuation  of  all  the  real  estate 
within  a  ly  sewerage  district  herein  provided  for,  or  such  percentage 
thereof  as  may  be  necessary  to  meet  the  payment  of  any  installment 
of  principal  and  interest  for  that  year,  and  such  tax  shall  be  collected 
by  the  Assessor  and  Collector  in  the  same  manner  in  all  respects  as 
general  taxes,  and  paid  into  the  city  treasury  to  the  credit  of  the  sew¬ 
erage  district  paying  the  same,  and  the  Treasurer  shall  keep  a  separate 
account  thereof. 

Ibid.  Sec.  5.  The  City  Engineer,  or  other  officer  having  charge 
of  the  construction  of  any  sewer,  shall,  from  time  to  time,  when 
required  by  the  City  Council  or  Mayor,  report  the  costs  and  progress 
thereof,  and  he  shall,  without  delay,  after  the  completion  of  such 
sewer,  report  the  total  costs  thereof  to  the  City  Council.  The  City 
Clerk  shall  keep  a  separate  account  with  each  sewerage  district,  and 
such  district  shall  be  charged  with  all  the  expenditures  made  on 
account  of  the  construction  of  sewers  therein,  and  credited  with  all 
taxes  or  moneys  received  on  account  thereof. 

Ibid.  Sec.  6.  All  sewers  ordered  and  provided  for  by  the  City 
Council  shall  be  constructed  of  such  form,  dimensions  and  material, 
of  the  best  quality,  laid  in  such  manner,  and  to  such  thickness,  and 
grade  and  depth  below  the  surface  as  the  Committee  on  Streets  and 
Alleys  may  prescribe,  or  as  may  be  provided  by  ordinance.  All  sew¬ 
ers  shall  be  laid  to  such  depth  below  the  grade  of  the  streets  as  will 
effectually  drain  such  lateral  sewers  as  may  be  conducted  thereinto, 
and  the  cellars  and  grounds  of  the  lowest  part  of  the  district  in  which 
they  may  be  located ;  and  suitable  wells,  “man-holes,”  stench-traps  and 


t'Mir.  20. 


Skvvkss, 


150 


inlets,  properly  secured  with  coping-stones,  iron  grates  or  plate-covers, 
shall  be  constructed,  when  necessary,  at  proper  intervals.  If  any 
sewer  will  probably  require  to  be  extended,  or  the  construction  of  lat¬ 
eral  sewers  leading  thereinto,  it  shall  be  built  with  reference  to  such 
extension  or  lateral  sewers,  and  suitable  openings  shall  be  left  in  the 
sides  of  such  sewer,  at  and  under  the  intersections  of  the  streets 
crossing  the  same,  to  admit  of  the  proper  connection  with  such  lateral 
sewers  as  may  thereafter  he  constructed  in  such  cross  streets ;  such 
opening  shall  he  sustained  by  a  brick  arch  or  ring,  and  the  spaces- 
tilled  with  brick,  so  laid  as  to  bo  capable  of  removal  without  impairing 
the  sewers  or  arch;  for  the  purpose  of  carrying  off  surface  drainage, 
suitable  graded  openings  shall  be  made  at  proper  distances;  such 
openings  shall  be  securely  roofed  or  covered  with  cast  iron,  or  stone, 
or  other  suitable  materials,  and  shall  connect  with  pipes  or  lateral 
drains  of  such  construction  and  dimensions,  laid  with  such  descent  or 
grade  as  will  carry  all  the  surface  water  into  the  sewer. 

Ibid.  Sec.  7.  The  drainage  of  all  private  property  into  the  sew¬ 
ers  constructed  by  the  city  shall  be  effected  by  lateral  sewers,  of  a  good 
and  substantial  construction,  or  by  suitable  conduct  pipes,  of  iron  or 
other  suitable  material,  which  shall,  in  all  cases,  be  made  under  the  super¬ 
intendence  of  or  by  the  City  Supervisor  or  the  City  Engineer,  at  the 
cost  of  the  person  applying  therefor;  and,  when  constructed  by  the  City 
Supervisor  or  by  the  City  Engineer,  the  officer  constructing  the  same 
shall  require  the  person  applying  for  the  same  to  deposit,  in  advance, 
the  probable  cost  thereof  with  the  City  Treasurer,  or  give  bond,,  with 
such  sureties  as  he  (the  City  Treasurer)  may  approve,  conditioned  for 
the  prompt  payment  of  the  reasonable  and  proper  costs  of  such  private 
drain  or  sewer,  upon  the  completion  thereof. 

Ibid.  Sec.  8.  All  lateral  sewers,  at  their  intersection  with  the 
main  sewer,  shall,  if  necessary,  be  covered  toward  the  lower  end  of 
the  lateral  sewer,  so  as  to  lessen  the  obstruction  of  the  current  in  the 
main  sewer  by  the  influx  from  the  lateral  sewer. 

Ibid.  Sec.  9.  All  repairs  which  may  become  necessary  to  any 
main  or  lateral  sewer  (except  private  sewers)  in  any  sewerage  district, 
shall  be  made  at  the  expense  of  the  real  estate  in  such  district,  and 
such  costs  and  expenses  shall  be  levied  and  assessed  against  and  col¬ 
lected  of  the  real  estate  in  such  district  according  to  the  assessed  valua¬ 
tion  thereof,  in  the  manner  herein  prescribed  for  the  construction  of 
sewers. 

Ibid.  Sec.  10.  No  person  shall  construct,  or  cause  or  permit  or 
procure  to  be  constructed,  any  private  drain  or  sewer,  from  any  prem¬ 
ises  or  otherwise,  and  leading  into  any  sewer  built  by  the  city,  without 
the  consent  of  the  City  Supervisor  or  City  Engineer,  or  unless  under 
the  supervision  of  some  one  of  them,  or  otherwise  than  in  the  manner 
directed  by  one  of  them,  under  a  penalty  of  not  less  than  twenty-five 
dollars;  and  such  person  shall  likewise  be  liable  for  all  damages  to  any 
public  sewer  which  may  arise  from  the  building  of  guch  un  an  thorn  ©Hi 
private  sewer  or  drain. 


20. 


*  tit  p.  R*. 


161 


Ibid.  Sec.  11.  No  privy  or  cesspool  shall  be  drained  or  emptied 
into  any  public  sewer,  under  a  penalty  of  not  less  than  fifty  dollars 
for  each  offense,  and  a  like  penalty  for  each  week  the  same  may  be 
continued. 

1  bid.  Sec.  12.  All  petitions  of  the  owners  of  real  estate  in  any 
sewerage  district,  for  the  construction  of  sewers  therein,  shall  be  filed 
and  preserved  by  the  City  Clerk  in  his  office. 

Ibid.  Sec.  13.  The  City  Engineer  shall  keep  a  map  in  his  office, 
upon  which  shall  be  platted  and  shown  the  sewerage  districts,  numbered 
as  herein  required,  with  the  location  of  the  sewers  therein,  and  their 
dimensions,  openings,  inlets  and  connections. 

Sec.  1.  (Oct.  28,  1871) — -§  14.  All  the  lands,  lots  and  real 
estate,  lying  within  the  following  boundaries,  to-wit:  Commencing  at 
the  southeast  corner  of  lot  number  nine  (9),  in  block  number  ten  (10), 
in  railroad  addition  to  Urbana,  now  in  the  City  of  Champaign,  Cham¬ 
paign  county,  Illinois,  running  thence  northwesterly  with  the  north 
line  of  Second  South  street,  to  the  southwest  corner  of  lot  number 
three  (3),  in  block  number  nine  (9),  of  said  addition;  thence  in  a  line 
north  to  the  northwest  corner  of  said  lot  number  three  (3),  in  said 
block  number  nine  (9),  of  said  addition;  thence  northeasterly  in  a  line 
diagonally  across  an  alley,  to  the  southwest  'corner  of  lot  number  one 
(1),  in  block  number  nine  (9),  aforesaid;  thence  northeasterly  to  the 
southwest  corner  of  lot  number  one  (1),  in  block  number  eight  (8), 
of  said  addition;  thence  in  a  line  northwesterly  to  the  southwest  cor- 
ner  of  lot  number  four  (4),  in  block  number  eight  (8),  of  said  addition; 
thence  north  to  the  northwest  corner  of  said  lot  number  four  (4),  in 
said  block  number  eight  (8);  thence  northeasterly,  in  a  line  across 
Main  street,  to  the  southwest  corner  of  lot  number  fifteen  (15),  in 
block  number  three  (3),  of  said  addition;  thence  in  a  line  northeast¬ 
erly,  to  the  northwest  corner  of  said  lot  number  fifteen  (15),  in  said 
block  number  three  (3) ;  thence  in  a  line  southeasterly,  to  the  northeast 
corner  of  said  lot  number  fifteen  (15),  in  said  block  number  three  (3), 
of  said  addition;  thence  in  a  line  northeasterly,  across  a  street  to  the 
northwest  corner  of  lot  number  thirteen  (13),  in  block  number  three 
(3),  in  said  addition;  thence  in  a  line  southeasterly,  to  the  northeast 
corner  of  said  lot  number  thirteen  (13);  thence  in  a  line  easterly,  to 
the  northwest  corner  of  lot  number  one  (1),  in  block  number  nineteen 
(19),  in  Illinois  Central  Railroad  Company’s  second  addition  to  Urbana, 
now  in  the  City  of  Champaign;  thence  southeasterly,  in  a  line  to  the 
northeast  corner  of  lot  number  seven  (7),  in  said  block  number  nine¬ 
teen  (19),  in  said  second  addition;  thence  in  a  line  southwesterly, 
diagonally  across  Main  street,  to  the  northeast  corner  of  lot  number 
twelve  (12),  in  block  number  seven  (7),  in  said  railroad  addition ; 
thence  in  a  line  soutwesterly,  to  the  place  of  beginning — shall  consti¬ 
tute  and  be  designated  the  First  Sewerage  District  of  the  City  of 
Champaign. 


i'tt  AP.  21. 


152 


SlDfcWALKIL 


CHAPTER  XXL 
Sidewalks. 


AN  ORDINANCE  in  relation  to  Sidewalks., 


L  Sidewalks Jimv  Constructed. 
[  1 .  Supervisors  to  Superintend 
Building  of, 

III,  Order  of  City  Council ,  Form 

of 

IV.  Clerk  to  Give  Notice ,  how , 

Form  of. 

V.  Supervisor  s  Notice  to  .Par¬ 
ties,  Form  of. 

VL  Non-residents ,  how  Notified. 

VII.  Sidewalks ,  Built  by  Owner , 
Time  of. 

VIII.  Same ,  « Built  by  Owner , 
7/ow  Proceed. 

IX.  Same t  Ofder  of  City  Coun¬ 
cil  to  Build ,  Form  of. 

X.  Same ,  Supervisor  to  Keep 
Account  of  Cost  of. 

Same ,  Supervisor  to  Make 
Report  of ,  Form  of. 


XIV 


XV 


■x. 


XIII.  Order  of  City  Council , 
Form  of. 

Warrant  for  the  Collection 
of  Assessmen is,  Form 

Duty  of  City  Clerk  There - 
in. 

Collectors,  how  Proceed. 

XVII.  Same ,  Powers  of,  herein „ 
XVIII.  Unsatisfied ,  how 

Proceed. 

XVIII,  Application  for  Judg¬ 
ment,  Form  of. 

XIX.  City  Attorney ,  Duty  of 
herein. 

XX.  Judgments ,  City  Attorney 
to  Give  Notice  of. 

XXI.  Repairs  in  Sidewalks,  how 
Proceed. 

XXII.  Grades  of  Sidewalks. 


XL  Same,  Commissioners  of, .XXIII.  Non-compliance  herewith , 


Aow;  Oho  sen,  Duty  of 


Penalty  of. 


XII.  Same,  Amends  the  Above ;  XXIV.  Neglect  to  Repair,  Penalty 
Section . 


C 

or. 


XIII.  Report  of  Commissioners,'  XXV.  TAVs;  Ordinance  to  Apply 
Form  of.  when. 

XIII.  City  Council  to  Assess  Ben - 

iM.  I 

Section  1.  (Oct.  31,  1868)  —  §  1.  Be  it  ordained  by  the  Oily 
Council  of  the  City  of  Champaign,  That  all  sidewalks  shall  be  laid 
to  the  established  grade,  or,  if  no  grade  shall  be  established,  to  such 
temporary  grade  as  may  be  given  by  the  City  E  .gineer.  They  shall  be 
built  of  good  sound  pine  plank,  not  less  than  two  inches  in  thickness, 
laid  crosswise  with  the  sidewalk  [unless  otherwise  especially  directed  in 
the  order],  and  firmly  set  upon  and  well  spiked  to  suitable  bearings  or 
stringers,  of  not  less  than  two  by  four-inch  sea  itli  >g,  so  supported,  let 
into  the  earth,  filled  in  between,  or  supported  by  posts,  so  as  to  form  a 
substantial,  even  grade;  and  all  sidewalks  shall  be  laid  with  a  slope 
towards  the  curb,  or  outer  edge  thereof,  of  one-third  of  an  inch  to- 
the  foot.  Suitable  wagon-crossings,  of  at  least  five  feet  in  width,  and 
extending  across  the  street  or  alley,  shall  be  constructed,  when  neces¬ 
sary,  of  at  least  two-inch  plank,  laid  evenly  and  lengthwise  with  the 
siklewalkv 


CH.vK.  I'f. 


Si  dkuai.ks. 


1 5 


*? 

.1 


Ibid.  Sec.  2.  The  City  Supervisors  shall  superintend  the  con¬ 
struction  of  all  sidewalks,  and  shall  require  them  to  be  built  of  the 
materials,  and  in  the  manner  herein  prescribed;  and  if  any  sidewalk 
shall  not  be  so  constructed  and  laid  in  compliance  herewith,  and  if  the 
person  whose  duty  it  is  to  do  the  same  shall  neglect  or  refuse  to  com¬ 
ply  with  his  order,  he  may  cause  such  sidewalk  to  be  properly  relaid, 
without  delay,  and  shall  report  the  costs  thereof  to  the  City  Council, 
as  in  other  cases,  or  he  may  report  such  sidewalk  to  the  City  Council, 
in  the  same  manner  as  if  it  had  not  been  laid. 

I  bid.  Sec.  3.  The  City  Council  may,  by  the  passage  of  an  order, 
to  be  entered  upon  the  journals  by  the  City  Clerk,  require  the  sidewalks 
in  front  of  or  adjoining  any  premises  (describing  the  same),  along  any 
streets,  or  parts  of  [a]  street,  to  be  laid,  relaid,  or  widened  to  such 
width,  and  with  such  materials,  and  within  such  time,  as  may  be  desig¬ 
nated  in  the  order.  Unless  a  different  width  shall  be  specified  in  the 
order,  they  shall  be  laid  to  the  full  width.  The  order  may  be  substan- 
tially  as  follows,  to-wit: 

Ordered ,  That  a  plank  sidewalk  [or  sidewalks], - feet  wide, 

be,  by  the  -  day  of  - —  next  [or  instant],  constructed  and 

laid,  in  conformity  with  the  ordinance  in  relation  to  sidewalks,  to  [the 

established  or  temporary]  grade,  on  the - -  side  of  - street, 

in  front  of  [or  adjoining]  the  following  described  premises,  to-wit : 
[here  describe  premises.]” 

Ibid.  Sec.  4.  The  City  Clerk  shall,  without  delay,  after  the 
passage  of  any  order  for  sidewalks,  give  notice  thereof  by  publishing, 
for  three  days  at  least,  an  advertisement  in  the  newspaper  publishing 
the  ordinances  of  the  city,  stating  in  such  advertisement  the  side  of 
the  street  on  which,  and  describing  the  premises  in  front  of,  or  adjoin¬ 
ing  which  sidewalk,  such  sidewalks  are  required  to  be  laid,  the  day  on 
or  before  which  they  are  to  be  built,  and  the  width,  and  less  than  the 
full  width,  and  materials  thereof.  The  notice  maybe  substantially  as 
follows,  to-wit : 

SIDEWALK  NOTICE. 

“Notice  is  hereby  given,  that  the  City  Council  of  the  City  of  Cham¬ 
paign  has  ordered  a  plank  sidewalk, - feet  wide,  to  be  constructed 

and  laid  to  the  established  or  temporary  grade,  on  the - side  of 

- street,  by  the - day  of - next,  in  front  of  or  adjoin. 

ing  the  following  described  premises,  to-wit :  [here  describe  the  lots.] 
Now,  unless  the  same  shall  be  built  within  the  time  and  in  the  manner 
mentioned,  and  as  required  by  the  ordinance  in  relation  to  sidewalks, 
the  City  Supervisor  will  cause  such  sidewalks  to  be  built,  and  the 
value  of  the  benefits,  if  any,  which  may  accrue  to  said  premises,  by 
reason  thereof,  will  be  assessed  against  the  premises  above  described. 

“City  Clerk.” 

If  other  sidewalks  have  been  ordered,  they  may  also  be  embraced  in 
the  said  notice. 

20 


154 


i'ii. 


21 


SlDE'W  ALKS. 


Ibid.  Sec.  5.  The  City  Clerk  shall  also,  without  delay,  after  the 
passage  of  any  order  for  sidewalks,  cause  a  copy  thereof  to  be  deliv¬ 
ered  to  the  proper  City  Supervisor,  who,  upon  the  receipt  of  the  saute, 
shall,  without  delay,  notify  any  known  owner  of  each  separate  lot  or 
premises,  or  his  agent,  or  any  other  person  whose  duty  it  is,  by  any 
lease,  contract  or ’Otherwise,  to  build  such  'sidewalk  ;  or,  if  no  owner, 
or  his  agent-  or  other  person  liable  therefor,  can  be  found  in  the  city. 


any  occupant  of  the  premises,  by  delivering  to  him  (or  each  of  them, 
in  his  discretion,)  or  leaving  at  his  usual  abode  or  place  of  business, 
wijth  some  clerk,  partner,  or  member  of  the  house  or  household,  above 
the  age  of  ten  years,  a  notice  describing  the  premises  in'  front  of  or 
adjoining  which  the  sidewalk  is  ordered,  and  stating  the  grade,  width 
and  materials  thereof,  and  the  day  by  which  it  is  required  to  be  laid; 
and  if  he  shall  neglect  to  notify  any  known  owner,  of  his  agent,  or 
occupant,  or  other  person,  whose  duty  it  is  to  build  such  sidewalk,  as  is 
herein  required,  he  shall  he  subject  to  a  penalty  of  five  dollars  in  each 
case.  The  notice  may  be  written  or  printed,  or  partly  both,  and  may 
be  substantially  as  follows,  to-wit : 


“City  Supervisor’s  Office,  \ 
Champaign,  Ill.,  - 180 — . 

“To  Mr. - — ; 

“You  are  hereby  notified  that  the  City  Council  of  the  City  of  Cham¬ 
paign  lias  ordered  a  plank  sidewalk,  -  feet  in  width,  to  be  laid  to 

[the  established  or  temporary]  grade,  along  the  front  [or - -  side] 

of  lot  number  — ,  of  the  original  town  (or  of  any  addition  thereto,  as 
the  case  may  he),  in  conformity  with  the  ordinance  in  relation  to  side¬ 
walks.  Now,  unless  such  sidewalk  shall  be  constructed  and  laid  in  the 

manner  required  by  ordinance,  by  the  - -  day  of  - —  next,  or 

•instant  (the  day  to  he  thirty  days  at  least  from  the  delivery  of  the 
notice),  the  undersigned  will  cause  the  same  to  he  constructed  and  laid, 
and  will  report  the  costs  and  expenses  thereof  to  the  City  Council, 
land  the  value,  if  any,  of  the  benefits  of  such  sidewalk  to  said  prem¬ 
ises  will  be  assessed  against  the  premises  herein  described.* 

....  .  “City  Supervisor.” 


Ibid.  SEC.  6.  If  the  owner  of  any  lot  or  premises,  or  his  agent, 
or  any  person  whose  duty  it  is  to  build  such  sidewalk,  is  not  a  resident 
of  the  city,  the  Supervisor  shall  send  such  notice  to  him  by  mail, 
directed  to  him  at  the  post  office  at  which  he  usually  receives  his 
letters,  if  known  ;  ,  hut  the  notice  published  by  the  City  Clerk,  in  the 
newspaper  publishing ;  the  ordinances  of  the  city,  shall  be  deemed  a 
sufficient  notice  to  all  persons,  whether  resident  or  non-resident. 

Ibid.  Sec.  7.  All  sidewalks  shall  be  built  by  the  owner  of  the 
adjoining  premises,  or  by  any  other  person  who  may  be  liable  to  build 
the  same,  by  any  contract  or  agreement  with  the  owner,  or  otherwise, 
within  the- time  specified  in  the  order  of  the  City  Council;  or,  if  no 
time  be  specified  in  the  order,  within  thirty  days  after  the  giving  of 
the  notice  by  the  Supervisor,  as  is  herein  required  ;  but  if  no  owner. 


or  other  person  liable  therefor,, jC^-n.  be  found  by  the  Supervisor  lliev; 
shall  be  built  within  the.  time  specified  jn  the. notice  published  by  ilu? 
City  Clerk,  in  the  newspaper  publishing  the  ordinances  of  the  city, 
which  time  shall  be  at  least  thirty  days  after  the  last  publication  thereof. 

Ibid .  Sec.  8.  If,  at  the  expiration  of  the  time  of  notice,  any 
sidewalk  shall  not  be  built,  the  proper  City  Supervisor  shall,  without 
delay,  report  the  same  to  the  City  Council,  in  writing  ;  or,  if  any  side¬ 
walk  which  may  be  laid  shall  not  be  constructed  and  laid  in  compli¬ 
ance  herewith,  to  his  satisfaction,  he  may  report  the  same  in  like 
manner.  This  report  shall  contain  a  list  and  description  of  each 
delinquent  lot  or  premises,  and 'shall  state  opposite  thereto  the  name 
of  each  owner,  or  his  agent,  or  the  occupant,  or  other  person  liable, 
upon  whom  he  has  served  notice,  and  the  date  and  manner  of  service. 
If  any  owner  is  unknown  and  cannot  be  found,  he  shall  state,  owner 
“unknown,”  or  “cannot  be  found,”  as  the  case  may  be.  He  shall 
obtain,  and  file  with  his  report,  a  copy  of  the  sidewalk  notice  published 
by  the  City  Clerk,  with  the  proper  certificate  of  the  printer  of  its  due 
publication  attached;  and  Id's  report  shall  not  be  received  or  approved 
by  the  City  Council,  unless  made  as  herein  required. 

Ibid.  Sec.  9.  The  City  Council  may,  at  any  time  after  the 
approval  of  the  report  of  the  Supervisor,  pass  an  order  requiring 
him,  without  delay,  to  cause  the  sidewalks  to  be  constructed  in  front 
of  or  adjoining  the  premises  mentioned  in  his  report,  and  to  report 
the  costs  and  expenses  thereof  to  the  City  Council.  The  order  may 
be  substantially  as  follows,  to-wit  f  "*  'i'r 

“Whereas,  The  sidewalks  fronting  or  adjoining  the  following 
described  lots  and  premises,  to-wit :  •• 


Names  of  Owners. 

DESCRIPTION. 

Lot.  |  Block.  |  Addition. 

.  1*  ? 

Have  not  been  constructed  and  laid  in  pursuance  of  an  order  passed 

- - ,  186—,  after  due  notice  to  the  owners  thereof,  or  theiriagents, 

or  the  occupants  of  the  premises,  or  other  persons  liable  therefor,  as 
appears  from  the  return  of  the  City  Supervisor;  it  is  therefore 
ordered  by  the. City  Council,  that  the  City  Supervisor  cause  the  same 
to  be  constructed  and  laid  forthwith,  in  conformity  with  the  original 
order,  and  report  the  cost  and  expenses  thereof  to  the  City  Council. 

Ibid.  Sec.  10.  The  proper  Supervisor  shall  keep  an  accurate 
account  of  the  cost  of  each  sidewalk  built  in  front  of  or  adjoining 
each  separate  lot  or  premises,  under  his  supervision,  by  the  order  of 
the  City  Council,  and  he  shall,  as  soon  as  the  same  may  be  completed, 
report  such  costs  to  the  City  Council,  with  the  description  of  the  lot 
or  premises,  and  the  name  of  the  owner  thereof,  if  known.  This 
report  roav  be  substantially  as  follows,  to-wit  * 


Sidewalks'. 


Cjia 


15(5 


Champaign.  - -,  18G — . 

To  the  City  Council  of  the  City  of  Champaign  : 

In  compliance  with  an  order  of  the  City  Council,  passed - -, 

186 — ,  the  undersigned  has  caused  a  sidewalk  (or  sidewalks)  to  be 
constructed  and  laid  fronting  (or  adjoining)  the  foliowing  described 
premises,  at  the  costs  and  expenses  set  opposite  to  each,  to-wit : 


Name  of  Owner. 

DESCRIPTION'. 

Lot.  *  Block.  |  Addition,  j  Costs. 

■  s  '  •!  ! 

i  1 

If  the  sidewalks  shall  be  built  in  front  of  or  adjoining  several  con¬ 
tiguous  lots  or  premises,  and  the  exact  cost  of  such  cannot  be  ascer¬ 
tained,  he  shall  apportion  the  costs  equitably,  as  near  as  may  be,  to 
each  lot  or  premises. 

Sec.  11.  (Oct.  81,  1868)  —  §  11.  When  any  costs  and  expenses, 
necessarily  made  and  expended  in  the  construction  of  any  sidewalk  in 
front  of  or  adjoining  any  delinquent  premises,  shall  be  reported  by 
the  proper  City  Supervisor  to  the  City  Council,  and  examined  and 
approved  by  them,  it  shall  be  the  duty  of  the  City  Council  to  appoint, 
on  motion,  three  freeholders,  residents  of  said  city,  commissioners, 
whose  duty  it  shall  be,  after  first  being  duly  sworn,  by  any  officer 
authorized  to  administer  oaths,  to  faithfully  and  impartially  discharge 
and  perform  the  duties  required  of  them  by  ordinance,  to  go  upon 
said  delinquent  premises,  and  ascertain,  and  report  in  writing  to  the 
City  Council,  whether  the  benefits,  if  any,  accruing  to  such  premises, 
by  reason  of  the  construction  of  such  sidewalk,  are  equal  in  value  to  the 
cost  and  expense  of  constructing  said  sidewalk,  or  whether  said  benefits, 
if  any,  are  less  in  value  than  the  cost  of  constructing  said  sidewalk  in 
front  of  or  across  any  lot  or  tract  of  land  as  aforesaid  delinuqent. 

It  shall  also  be  the  duty  of  said  commissioners  to  ascertain  if  any  of 
the  lots,  parcels  of  land  or  premie es,  other  than  those  across  or  in 
front  of  which  said  sidewalk  is  constructed,  have  been  benefited  by 
reason  of  such  construction,  and  if  so  to  go  upon  the  same,  ascertain 
the  value  of  such  benefits,  and  apportion  the  same  to  each  lot  or 
parcel  of  land  separately,  and  report  the  same  to  the  City  Council, 
the  amount  of  which  benefits  shall  be  assessed  and  levied  against  such 
premises,  as  and  in  the  manner  hereinafter  provided  for  levying 
and  assessing  the  value  of  benefits  against  premises,  in  front  of  or 
across  which  said  improvement  is  made. 

Sec.  1.  (Sep.  25,  1869)  --  §  12.  The  commissioners  provided  for 
by  section  eleven  of  the  above  named  ordinance,  shall  be  chosen  by 
ballot.  That  a  majority  of  all  the  Aldermen  authorized  by  law  to  be 
elected  shall  be  necessary  to  a  choice  of  such  commissioners,  and, 
before  entering  upon  their  duties,  they  shall  give  at  least  five  days’ 
notice,  to  all  persons  interested,  of  the  time  and  place  of  their  meet¬ 
ing  for  the  purpose  of  viewing  the  delinquent  premises,  and  making 


Cn  vp.  m. 


SlDEWAt.TvS. 


•n  ^  %• 

1 0  < 


their  assessments,  which  notice  shall  be  given  personally,  if  the  owners 
are  residents  and  known,  or  by  publication  in  the  newspaper  publishing 
the  ordinances  of  the  city,  if  non-residents  or  unknown.  The  com¬ 
missioners  shall  view  the  premises,  and  may,  in  their  discretion,  receive 
any  legal  evidence,  and  may  adjourn  from  day  to  day. 

Sec.  12.  (Oct.  31,  1868)  —  §  13.  It  shall  be  the  duty  of  the 
City  Clerk  to  give  to  said  commissioners,  at  the  time  of  their  appoint¬ 
ment,  a  copy  of  the  Supervisor’s  report,  required  by  section  ten 
hereof,  and  said  commissioners  shall  report  to  the  City  Council,  as  welt 
the  cost  of  constructing  said  sidewalk  in  front  of  or  across  any  lot  or 
ground,  as  the  value  of  the  benefits  accruing  to  such  lot  of  ground  or 
other  premises  by  reason  thereof,  which  report  may  be  in  the  following 
form : 

To  the  City  Council  of  the  City  of  Champaign  : 

The  undersigned  commissioners,  heretofore  appointed  by  your 
honorable  body,  to  ascertain  the  value,  if  any,  to  the  premises  herein 
described,  of  the  sidewalk  built  adjacent  to  the  same  by  order  of  your 
honorable  body,  dated  - — ,  186 — . 


Name  of  Owner.  ( 

Lot.  i 

j 

Block 

i 

Addition. 

Cost 

Benefits. 

i 

Beg  leave  to  report 
as  follows. 

* 

■ 

f 

. . . |  Commissioners. 

And  if  it  shall  appear,  from  the  report  of  said  commissioners,  that 
the  benefits  to  any  lot  or  tract  of  ground,  by  reason  of  constructing  a 
sidewalk  in  front  of  or  across  the  same,  or  other  premises,  are  equal  in 
value  to  the  cost  of  building  such  sidewalk,  the  City  Council  shall,  by 
an  order  to  be  entered  upon  the  records  of  the  city,  levy  and  assess 
the  whole  of  such  costs  and  expenses  against  the  premises  chargeable 
therewith,  and  direct  that  a  warrant  issue  for  the  collection  of  the 
same,  returnable  within  sixty  days  from  the  date  thereof;  but  if  it 
shall  appear,  from  the  report  of  said  commissioners,  that  such  lot  or 
tract  of  land  is  not  benefited,  by  reason  aforesaid,  then  no  part  of  the 
cost  of  constructing  such  sidewalk  shall  be  assessed  against  any  such 
lot  or  tract  of  ground ;  but  if  it  shall  appear  from  such  report  that 
such  premises  are  benefited,  and  that  such  benefits  are  less  in  value 
than  the  cost  aforesaid,  then  the  City  Council  shall,  by  order  aforesaid, 
levy  and  assess  the  amount  of  the  benefits  so  found  against  the  prem¬ 
ises  chargeable  therewith,  and  no  more,  to  be  collected  by  warrant  as 
aforesaid.  The  order  shall  contain  a  correct  list  of  the  lots  and  prem¬ 
ises,  with  the  name  of  the  owner  thereof,  if  known,  and  with  the 
amount  assessed  against  each  set  opposite  thereto,  and  may  be  in  the 
following  form :  •  •  •  •  * 


Chap.  34. 


■4.53 


3  (  Dili tV  Al'.k.V- 


Ordered  by  the  City  Council  of  the  City  of  Champaign,  that  the  seve¬ 
ral  sums  set  opposite  to  the  following  described  lots  respectively,  to-wit  r; 


Names  of  Owners. 

Lot. 

Block. 

i)  e  sen  ip 

Addition. 

TION. 

Costs. 

Assessment. 

Being  the  value  of  benefits,  as  found  and  reported  to  the  City 
Council,  accruing  to*  the  premises  above  described,  by  reason  of  the 
construction  of  a  sidewalk  by  said  City  Supervisor,  adjacent; -to  said 
premises,  in  pursuance  of  an  order  of  said  City  Council,  passed  on 

the - -  day  of  - - — ,  186 — ,  after  failure  of  the  owner  thereof,  or 

the  person  liable  therefor,  to  do  the  same,  after  due  notice,  be  and  the 
same  are  hereby  levied  and  assessed  against  each  of  the  said  lots  or 
premises,  and  that  a  warrant  issue  for  the  collection  of  said  assessment,, 
returnable  within  sixty  days  from  the  date  thereof. 

Sec.  13.  (Oct.  8-1,  18(18)  —  §  14.  The  City  Clerk  shall,  without 
delay,  after  the  passage  of  the  order  or  resolution  of  assessment,  make 
out  and  deliver  to-  the  Assessor  and  Collector  a  warrant  for  the  collec¬ 
tion  of  the  assessments,  signed  by  the  Mayor  and  himself,  under  the 
corporate  seal,  and  containing  a  true  copy  of  the  order  or  resolution 
of  the  City  Council,  and  returnable  within  sixty  days  from  the  date 
thereof.  The  warrant  may  be  substantially  as  follows,  to-wit ; 

State  of  Illinois,.  1  ■ 

1  y  cc  •  '[  •  /  . 

City  of  Champaign,  y 

The  People  of  the  State  of  Illinois,  to -the  City  Assessor  and  Collector 

of  the  City  of  Champaign  : 

Whereas,  The  City  Council  of  the  City  of  Champaign  did,  on  the 

- - day  of  - ,  186 — ,  by  the  passage  of  an  order,  levy  and 

assess  against  the  lots  and  premises  hereinafter  described,  the  several 
sums  set  opposite  to  each  respectively,  being  the  value  of  benefits 
found  to  accrue  to  said  lots  and  premises,  by  reason  of  constructing 
and  laying  the  sidewalk  in  front  of  or  adjoining  said  premises,  by  the 
City  Supervisor,  as  reported  to  said  City  Council  by  the  commissioners 
appointed  to  ascertain  and  determine  the  same,  which  said  order  is  in 
the  words  and  figures  following,,. to-wit : 

[Here  insert  a  true  copy  of  the  order  of  assessments,  with  a  blank' 
column  for  payments]. 

Now,  therefore,  you  are  hereby  commanded  to  make  levy  and  collect 
the  several  sums  of  money  set  opposite  to  each  of  the  lots  or  tracts  of 
land  hereinbefore  described,  as  the  assessment  against  the  land,  of  the 
goods  and  -chattels,  of  the  respective  owners  thereof,  and  make  due 
return  in  what  manner  you  have  executed  this  warrant,  within  'sixty., 
days  from  the  date  hereof. 


Witness - - 

said  city-  this  — 
— - ,  City  Clerk. 


the  Mayor,  and  corporate  seal  of 

of  - ,  18—. 


,  Mavor. 


rt.vr*.  21. 


159 


a  LA 


Sec.  14.  (Oct.  31,  1868)  —  §  15.  The  City  Clerk  shall  take  the 
receipt  of  the  Assessor  and- Collector  for  the  warrant,  upon  the  deliv¬ 
ery  thereof,  and  shall  charge  him  with  the  amount  of  the  same.  He 
shall  keep  a  sidewalk  account,  and  all  expenditures  for  building  or 
repairing  sidewalks,  and  all  money  collected  or  received  for  the  same, 
shall  be  properly  charged  or  credited  thereto,  and  the  entries  shall,  in 
all  cases,  show  the  lot  or  premises  for  which  such  charge  is  made  or 
credited.  If. there  shall  be,  from  time  to  time,  any  uncollectable  bal¬ 
ance  due  on  such' account,  it  may  be-  charged  or  carried  to  the  general 
'  account-  chargeable  therewith.  ....  . 

Sec.  15.  (Oct.  31,  1808) — -§  16.  The  Assessor  and  Collector, 
upon  the  receipt  of  the  warrant,  shall,  without  delay,  cause  a  notice, 
signed  by  him,  to  be  published  for  six  days,  in  the  newspaper  publish¬ 
ing  the  ordinances  of  the  city,  stating  that  the  warrant  for  the  col  lee- 
tion  of  tl-ief  assessments  made  by  the  City  Council,  against  the  premises 
named  therein  [describing  the' same,  with  the  owner  thereof,  if  known* 
and.  the  amount  of  the  assessment,  as  fully  as  set  forth  in  the  warrant], 
and  for  the  sums  set  opposite  to  each,  for  the  value  of  benefits  found 
to  accrue  to  said  •premises  by  reason  of  constructing  and  laying  side¬ 
walks  in  front  of  ‘  or  adjoining  said  premises,  have  been  delivered  to 
him  for  collection,  and  that  payment  of  the  same  is  demanded.  Such 
notice  shall  be  deemed  as  sufficient  demand,  and  a  neglect  to  pay  such 
assessment  for  twenty  days  thereafter  shall  be  deemed  a  refusal.  But 
the  Assessor  and  Collector  shall,  as  far  as  practicable,  make  personal 
■demand  of  payment  of  any  known  owner  of  such  premises,  or  his 
agent,  or  any  other  petson  liable  therefor,  if  to  be  found  within  the 
city. 

Sec.  16.  (1888)  — §  17.  The  Assessor  and  Collector  shall,  in 

the  collection  of  the  warrant,  have  all  the  powers  conferred  on  him 
by  law,  in  the  collection  of  general  warrants  for  taxes,  and  shall 
perform  me  same,  duties  and  be  subject  to  the  same  liabilities,  and  bis 
return  may  be  made,  as  near  as  may  be,  in  like  form.  The  Council 
may,  by  order  or  resolutions,  extend  the  time  of  the  return  of  the 
warrant. 


Sec.  17.  (1868)  —  §  18.  When  any  warrant  shall  be  returned 

unsatisfied,  in  whole  or  in  part,  as  to  any  sidewalk  assessment  against 
any  lot  or  premises,  or  -any  part  thereof,  the  City  Council  may,  at  any 
time  thereafter,  by  an  order,  to  be  entered  upon  the  journals  or 
record  kept  by  the  City  Clerk,  direct  the  City  Attorney  to  make 
application,  for  and  on  behalf  of  said  city,  to  the  County  Court  of 
Champaign  county,  Illinois,  for  judgment  against  any  lot,  or  piece  or 
parcel  of  land  delinquent,  and  against  which  benefits  have  been  found 
and  assessed,  as  hereinbefore  provided,  for  the  amount  of  said  assess¬ 
ments  and  costs,  which  order  may  be  in  form  as  follows,  to-wit: 


Whereas,  The  warrant  issued  the - day  of  - ,  186 — ,  for 

the  collection  of  a  sidewalk  made  by  the  Council,  for  the  value  of 
benefits  ascertained  as  having  accrued  to  the  premises  hereinafter 
warned,  by  reason  of  constructing  and  laying  sidewalks,  in  front  of 


ClLi  z.  21. 


Sidkw  a  f.ivs. 


1 1;  0 


or  adjoining  the  premises  therein  named,  has  been  returned  unsatisfied, 
as  to  the  following  described  lots  or  premises,  and  for  the  amount  set 
opposite  to  each,  to-wit : 


Names  of  Owners. 

Lot. 

DESCRIPT 

Block. 

1 

ION. 

Addition. 

Amount  of  assessment. 

S 

It  is  therefore  ordered  by  the  City  Council  of  the  City  of  Cham¬ 
paign,  that  the  City  Attorney,  without  delay,  give  notice  in  writing 
to  the  owners  or  agents  of  the  above  described  premises,  that  he  will, 
on  behalf  of  said  city,  at  the  expiration  of  ten  days  from  the  date  of 
the  service  of  such  notice,  apply  to  the  County  Court  of  Champaign 
county,  Illinois,  for  a  judgment  against  each  of  said  lots  or  premises, 
for  the  amount  of  said  assessment  and  costs,  to  be  signed  by  said 
Attorney  and  served  by  copy. 

Sec.  18.  (1868)  —  §  19.  The  Clerk  shall,  without  delay,  after 

the  passage  of  the  order  aforesaid,  make  out  and  deliver  to  said 
Attorney  a  certified  copy  of  such  order,  who  shall,  at  least  five  days 
before  the  day  on  which  application  for  said  judgments  shall  be  made, 
file  the  same,  together  with  a  copy  of  the  notice  served  by  him  on  said 
owmers  or  agents,  in  the  office  of  the  Clerk  of  said  County  Court,  and 
also  his  affidavit,  in  writing,  of  the  time  and  manner  in  which  such 
notices  were  served. 

Sec.  19.  (1868) — §  20.  When  judgments  shall  be  rendered,  as 

aforesaid,  against  any  premises  delinquent  as  aforesaid,  it  shall  be  the 
duty  of  the  City  Attorney,  or  City  Clerk,  to  cause  notice  to  be  pub¬ 
lished,  in  any  newspapers  published  in  said  city,  addressed  to  the 
owners  or  agents  of  such  premises,  describing  the  same,  notifying 
him,  her  or  them  that  judgment  has  been  had  against  such  premises, 
and  the  amount  of  said  judgment  and  costs,  and  why  obtained,  and 
that  unless  said  judgment  and  costs  shall  be  fully  paid  and  satisfied 
within  twenty  days  from  the  date  of  said  judgment,  that  such  prem¬ 
ises  will  be  sold  to  satisfy  the  same,  by  the  Sheriff  of  Champaign 
county,  in  the  manner  and  with  like  effect  as  if  sold  upon  execution  at 
law.  Said  notice  shall  be  sufficiently  published  by  the  publication  of 
one  insertion  in  the  newspaper  publishing  the  same. 

Sec.  20.  (1868)  —  §  21.  When  any  sidewalk,  or  sidewalk  curb¬ 

ing,  in  front  of  or  adjoining  any  premises,  shall  be  broken,  and  need 
repairs,  or  require  to  be  wholly  relaid,  the  proper  Supervisor  shall, 
without  delay,  cause  a  printed  or  written,  or  partly  printed  and  partly 
written,  or  verbal,  notice  to  be  served  upon  any  known  owner  of  the 
premises,  or  his  agent,  or  any  other  person  w  ho  may  be  liable  to  repair 
or  relay  such  sidewalk,  or  upon  both,  in  his  discretion,  stating  the 
material  and  extent  of  the  repairs  necessary,  and  requiring  them  to- 
be  made  within  thirty  days  after  notification,  unless  it  shall  be  neces¬ 
sary  wholly  to  relay  the  sidewalk,  in  which  case  not  less  than,  ten,  nor 


Chap.  21. 


Kittevtaia's 


Tt.'l 


exceeding  thirty  days,  shall  be  specified  in  the  notice.  But  if  no 
known  owner  of  the  premises,  or  his  agent  or  occupant,  or  other  per¬ 
son  liable  therefor,  can  be  found  within  the  city,  or  if  the  cost  of 
such  repairs  or  relaying  will  not  exceed  five  dollars,  or  if  the  sidewalk 
or  the  curbing  thereof  [is]  in  such  a  condition  as  to  be  unsafe  or  dan¬ 
gerous,  the  proper  Supervisor  shall  cause  the  same  to  be  repaired  or 
relaid,  without  notice,  and  the  City  Council  shall  ascertain  the  value 
to  such  lots  of  the  improvement  so  made,  and  assess  and  collect  the 
same,  as  hereinbefore  provided  in  cases  of  original  construction  of 
sidewalks. 

Sec.  21.  (1868)  —  §  22.  The  grades  of  sidewalks  shall  be  estab¬ 

lished  by  the  City  Council;  but  the  City  Engineer  may  give  a  tempo¬ 
rary  grade,  where  permanent  grade  is  not  established,  and  lie  shall,  when 
requested  by  any  person  desirous  to  build  any  sidewalk,  stake  out  the 
grade  thereof  without  charge. 

Sec.  22.  (1868)  —  §  23.  Whoever  shall  build,  or  cause  to  be 

built,  or  assist  in  building  any  sidewalk,  contrary  to  any  grade  estab¬ 
lished  by  the  City  Council,  or  in  a  different  manner  than  is  herein 
required,  or  shall,  where  no  permanent  grade  is  established,  build,  or 
cause  to  be  built,  or  assist  in  building  any  sidewalk,  without  first 
obtaining  a  temporary  grade  therefor,  from  the  City  Engineer,  or 
shall  build,  or  cause  to  be  built,  or  assist  in  building,  such  sidewalk, 
contrary  to  the  grade  which  may  be  given  by  the  City  Engineer,  shall, 
in  each  case,  be  subject  to  a  penalty  of  no  less  than  three  dollars,  and 
an  additional  penalty  of  not  less  than  one  dollar  for  each  day  he 
shall  not  remedy  or  rebuild  such  sidewalk,  when  required  by  the 
proper  City  Supervisor,  and  shall  likewise  be  liable  for  all  damages 
from  the  same. 

Sec.  23.  (1868)  —  §  24.  If  the  owner  of  any  premises,  or  any 

occupant  or  lessee  thereof,  whose  duty  it  is,  by  any  contract  or  other¬ 
wise,  to  do  the  same,  shall  neglect  or  refuse  to  repair,  relay  or  rebuild 
any  sidewalk,  or  sidewalk  curbing,  in  front  of  or  adjoining  his  prem¬ 
ises,  after  due  notice  to  do  the  same,  as  is  herein  required,  he  shall  be 
subject  to  a  penalty  of  not  less  than  one  dollar  for  each  day  he  shall 
not  comply  with  such  notice,  and  shall  also  be  liable  for  all  damages 
arising  from  the  bad  condition  of  such  sidewalk. 

Sec.  24.  (1868)  —  §  25.  That  all  and  singular  the  terms  and 

provisions  of  this  act  shall  apply  to  each  and  every  road  district  or 
division,  into  which  the  city  is  now  divided,  or  may  hereafter  be 
divided,  and  to  each  and  every  Supervisor  of  such  district  or  division, 
to  the  end  that  this  ordinance  be  completely  executed  in  every  partic¬ 
ular,  in  the  same  manner  as  though  there  was  but  one  district  or 
division  in  the  city,  and  but  one  Supervisor  for  the  city. 


arising 


Chap. 


162 


STHKT5T3  Aj.U£TS. 


V 


CHAPTER  XXII. 


Streets  and  Alleys. 


AN  ORDINANCE  in  Relation  to  Public  Grounds,  Streets  and 

Alleys. 


I. 

II. 

III. 

III. 

IV. 

Y. 

YI. 

VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 


Order  by  City  Council ,  Form 
of- 

Proposed  Improvement ,  to 
be  Surveyed. 

Compen  sation ,  Disagree¬ 
ment  of,  how  Proceed. 

Notice ,  when ,  Form  of. 

Commissioners ,  how  Chosen , 
Duty  of. 

Same ,  to  be  Sworn ,  to  Give 
Notice . 

Building  upon  Land ,  lioiv 
Proceed. 

Same ,  Commissioners  to 
Give  Notice ,  Form  of. 

Same ,  Appraisal  of. 

Same ,  Assessments  in  Dela¬ 
tion  to. 

Same ,  Assessments,  Dama¬ 
ges  and  Benefits. 

Property  of  Different  Par 
ties ,  how  Proceed. 

Assessments,  Commission¬ 
ers’  Report  of,  Form  of. 

On  Return  of  Commission¬ 
ers,  Clerk  to  Give  Notice. 


XIY. 

XIY. 

XIY. 

XY. 

XY. 

XYI. 

XVII. 

XVII. 

XVIII. 

XIX. 

XX. 
XXI.  ^ 

XXIII. 

XXIV. 

XXY. 


City  Council  to  Hear  Ob¬ 
jections. 

Confirmation,  Form  of, 
Order  of. 

Not  Confirmed,  how  Pro¬ 
ceed. 

Collection  of  Assessments , 
how. 

Ordinances  for,  Form  of. 

Warrant  for  Collections, 
Form  of. 

Powers  of  City  Officers 
herein. 

Reference  to  Charter  and 
Tax  Ordinance. 

Assessments ,  when  Due. 

Removal  of  Commission¬ 
ers .  when. 

Land  Appropriated, when. 

XXII.  Land  under  Lease, 
or  Contract ,  how  Pro - 
ceed. 

Appeals  Taken,  when. 

Infants  Interested ,  how 
Proceed. 

Commissioners  to  Make 


Chap.  22. 


Streets  and  Alleys. 


103 


Section  1.  (Aug.  24,  1870)  —  §  1.  Be  it  ordained  by  the  Gity 
Council  of  the  City  of  Champaign,  That  whenever  the  City  Council 
slmll  determine  to  open,  lay  out,  alter,  widen,  contract,  straighten  or 
discontinue  any  public  ground  or  square,  street,  alley  or  highway, 
they  shall  make  an  order,  to  be  entered  upon  the  records  of  the  City 
of  Champaign,  setting  out  clearly  what  improvement  is  proposed,  and 
describing,  as  nearly  as  may  be,  the  land  and  the  amount  to  be  used 
in  said  improvement ;  the  direction,  width  dnd  dimensions  of  any 
street,  alley  or  highway,  proposed  to  be  opened,  laid  out,  altered, 
widened,  contracted,  straightened  or  discontinued,  as  nearly  as  may 
be,  giving  the  names  of  all  persons  to  be  affected  thereby,  if  known, 
which  order  may  be  substantially  as  follows,  to-wit  : 

Ordered,  That  a  [street,  etc.  —  here  state  the  nature  of  the 
improvement,]  be  [opened,  etc.  —  here  describe  the  improvement 
intended],  according  to  the  charter  and  ordinancess  of  the  City  of 
Champaign,  the  same  to  occupy  portions  of  the  following  described 
real  estate,  to-wit :  [here  give  names  of  owners  and  descriptions  of 
land,  as  nearly  as  may  be]. 

Ibid.  Sec.  2.  Whenever  the  City  Council  shall  have  passed  an 
order,  as  required  by  the  foregoing  section  of  this  ordinance,  to  open, 
lay  out,  alter,  widen,  contract,  straighten  or  discontinue,  any  public 
ground  or  square,  street,  alley  or  highway,  it  shall  be  the  duty  of  the 
Clerk  to  furnish  the  City  Surveyor  with  a  copy  thereof,  who  shall  at 
once  proceed  to  survey  the  proposed  improvement,  describing,  platting 
and  recording  the  same  in  a  book,  to  be  kept  by  the  City  Clerk,  show¬ 
ing  accurately  and  particularly  the  proposed  improvement,  and  the 
real  estate  to  be  taken  therefor. 

Ibid.  Sec.  8.  Whenever  any  street,  alley  or  highway,  public 
ground  or  square,  is  proposed  to  be  opened,  laid  out,  altered,  widened, 
contracted,  straightened  or  discontinued,  according  to  the  provisions 
hereof,  and  the  amount  of  compensation  cannot  be  agreed  upon 
between  the  owners  of  the  real  estate  and  the  City  Council,  or  the 
owners  of  said  real  estate  are  unknown,  or  non-residents,  the  City 
Council  shall  give  notice  of  their  intention  to  appropriate  and  take 
the  land  necessary  for  the  proposed  improvement,  to  the  owner  or 
owners  thereof,  by  publishing  said  notice  twice  in  the  paper  publishing 
the  ordinances  of  the  city,  which  notice  may  be  substantially  as  follows, 
to-wit : 

NOTICE. 

Notice  is  hereby  given  that  a  [street,  etc.— here  give  nature  of  the 
improvement,]  will  be  [laid  out,  etc. — -here  describe  the  improvement,] 
which  improvement  will  occupy,  in  whole  or  in  part,  the  following 
described  real  estate,  to-wit:  [here  give  description  of  the  land,  and 
names  of  owners,  if  known,]  and  the  City  Council  of  the  City  of  Cham¬ 
paign  have  determined,  by  an  order  entered  upon  the  records  of  the 
city,  to  take  and  appropriate  the  land  necessary  for  said  improvement. 

Ibul.  Sec.  4.  After  the  expiration  of  ten  days  from  the  first 
publication  of  the  notice,  hereinbefore  mentioned,  the  City  Council 


164 


Chap,  22. 


Streets  a x e  Alleys, 


shall  choose,  by  ballot,  three  disinterested  freeholders,  residing  in  the 
city,  as  commissioners,  to  ascertain  and  assess  the  damages  and  recom¬ 
pense  due  the  owners  of  said  real  estate  respectively,  and  at  the  same 
time  to  determine  what  persons  and  what  real  estate  will  be  benefited 
thereby,  in  proportion,  as  nearly  as  may  be,  to  the  benefits  resulting 
to  each.  A  majority  of  all  the  Aldermen  authorized  by  law  to  be 
elected  shall  be  necessary  to  a  choice  of  such  commissioners. 

I  hid.  Sec.  5.  The  commissioners  shall  be  sworn  faithfully  and 
impartially  to  execute  their  duties  to  the  best  of  their  abilities,  and, 
before  entering  upon  their  duties,  they  shall  give  at  least  five  days’ 
notice,  to  all  persons  interested,  of  the  time  and  place  of  this  meeting, 
for  the  purpose  of  viewing  the  premises  [describing  them]  and  making 
their  assessments,  which  notice  shall  be  served  personally,  or  in  writing, 
if  the  owner  or  owners  are  residents  and  known,  or  by  leaving  a  copy 
thereof  at  their  usual  place  of  abode;  and,  if  non-residents  or  not 
known,  by  publication  once  in  the  paper  publishing  the  ordinances  of 
the  city,  which  publication  shall  be  five  days  before  said  meeting. 
Said  commissioners  shall  view  the  premises,  and  in  their  discretion 
receive  any  legal  evidence  that  may  be  necessary  to  aid  in  the  perform¬ 
ance  of  their  duties,  and,  if  necessary,  may  adjourn  from  day  to 
dav. 

Ibid.  Sec.  6.  If  there  should  be  any  building  or  buildings,  in 
whole  or  in  part,  upon  the  land  to  be  taken,  the  commissioners,  before 
proceeding  to  make  their  assessments,  shall  first  estimate  and  deter¬ 
mine  the  whole  value  of  such  building  or  buildings,  to  the  owner  or 
owners  thereof,  aside  from  the  value  of  the  land  and  the  actual  injury 
to  him,  her  or  them,  in  having  such  building  or  buildings  taken  from 
him,  her  or  them ;  and  secondly,  the  value  of  such  building  or  build¬ 
ings  to  him,  her  or  them,  to  remove  the  same. 

Ibid.  Sec.  7.  The  commissioners,  when  they  shall  have  pro¬ 
ceeded  as  required  in  the  foregoing  section,  shall  give  at- least  five 
days’  notice  of  their  determination  in  the  premises,  to  the  owner  or 
owners  of  such  building  or  buildings,  which  notice  shall  be  in  writing, 
and  served  personally  upon  the  parties  interested,  or  a  copy  thereof 
left  at  their  usual  place  of  abode,  if  residents  and  known,  and  if  the 
party  or  parties  are  non-residents  or  unknown,  by  publication  at  least 
once  in  the  paper  publishing  the  ordinances  of  the  city,  which  publi¬ 
cation  shall  be  at  least  five  days  prior  to  the  time  named  therein,  for 
the  parties  to  appear  and  make  their  election  as  hereinafter  provided. 
Such  notice  shall,  as  accurately  as  may  be,  specify  the  buildings  and 
the  award  of  the  commissioners,  and  shall  be  signed  by  them  ;  it  shall 
also  require  the  persons  interested  to  appear  by  a  day,  to  be  named 
therein,  or  give  notice  to  the  City  Council  of  their  election,  either  to, 
accept  the  award  of  the  commissioners,  and  allow  the  building  or 
buildings  to  be  taken  with  the  land  condemned  or  appropriated,  or  of 
their  intention  to  receive  such  building  or  buildings  at  the  valueijset 
thereon  by  the  commissioners  to  remove  the  same,  which  notice  may 

be  substantially  as  follows,  to- wit; 

%/  / 


22. 


Streets  am>  All’eys- 


105 


NOTICE. 


Notice  is  hereby  given  to  A.  B.  [or,  if  unknown,  whom  it  may 
concern],  that  the  undersigned  commissioners,  in  accordance  with  the 
requirements  of  an  order  of  the  City  Council  of  the  City  of  Cham¬ 
paign,  and  the  ordinances  of  said  city,  did,  on  the - day  of  — - , 

A.  D.  —  — -,  examine  a  certain  building  [here  give  locality  and  an 
accurate  description,  and,  if  more  than  one,  describe  each  separately, 
giving  the  names  of  the  owners  of  each,  if  known],  which  occupies 
certain  land  to  be  taken  and  appropriated  for  [here  describe  the 
improvement  proposed],  and  having  duly  considered  the  premises,  do 
^assess  and  determine  the  value  of  said  building  or  buildings,  to  the 
•owners  thereof,  aside  from  the  value  of  the  land  occupied  by  the  same, 
-and  the  injury  to  the  owners  thereof,  in  having  said  building  taken 
from  him,  to  be  as  follows,  to-wit':  Building  first  above  described, 

belonging  to  A.  B,  (or  unknown),  to  be  - —  dollars,  - -  cents, 

(building  second  above,  etc.,  continue  as  above),  and  that  the  value  of 
said  building  first  above  described,  to  the  owner  or  owners  thereof,  for 

the  purpose  of  removing  the  same,  to  be  - - dollars - -  cents  [and 

building  second,  etc.,  continue  as  before,]  and  you  are  further  notified 
to  appear  before  the  City  Council  of  the  City  of  Champaign,  on  the 

- - -  day  of  . ■■■  1 — A.  D.  18—  ,  at - o’clock,  — .  m.,  and  there 

make  or  give  notice  of  your  election,  either  to  receive  such  building  at 
•the  value  set  thereon  bv  the  commissioners,  and  remove  the  same,  or 
to  accept  the  award  of  the  commissioners,  and  allow  such  building  to 
be  taken  with  the  land. 

Signed,  A.  B.,  1 

C.  D.,  V  Commissioners. 

E.  F.J 


Ibid.  Sec.  8.  If  the  owners  shall  agree  to  remove  such  building 
or  buildings,  they  shall  have  such  reasonable  time  for  that  purpose  as 
the  City  Council  may  direct.  If  the  owners  refuse  to  take  the  build¬ 
ing  at  its  appraised  value  to  remove,  or  shall  neglect  or  fail  to  give 
■notice  of  his,  her  or  their  intention,  as  aforesaid,  the  City  Council 
shall,  by  an  order  to  be  entered  upon  the  records  of  the  City  of 
‘Champaign,  direct  the  sale  of  such  building  or  buildings,  at  public 
auction  for  cash,  or  on  credit,  giving  at  least  five  days’  public  notice 
of  the  sale,  by  posting  written  or  printed,  or  partly  written  and  partly 
printed,  notices  of  the  time,  place  and  terms  of  the  sale,  in  at  least 
three  of  the  most  public  places  in  the  city,  or  by  publication  once  in  the 
newspaper  publishing  the  ordinances  of  the  city,  which  shall  be  at 
ileast  five  days  before  the  day  of  sale.  The  proceeds  of  said  sale 
■shall  be  paid  to  the  owner,  or  deposited  to  his,  her  or  their  use. 

Ibid.  Sec.  9.  The  commissioners  shall  thereupon  proceed  to 
•make  their  assessments,  and  determine  and  appraise,  to  the  owner  or 
•owners,  the  value  of  the  real  estate  appropriated,  and  the  injury  arising 


from  the  condemnation  thereof,  which  shall  be 
-or  owners  as  damages,  after  making  due  allow 


awarded  to  such  owner 
mice  therefrom  for  any 


Chaf,  22. 


&rTAE'ETg  a  so  Alleys, 


Kff- 


benefits  which  such  owner  or  owners  may  derive  from  such  improve¬ 
ment.  In  the  estimate  of  damages  to  the  land,  the  commissioners 
shall  include  the  value  of  the  buildings,  if  the  building  or  buildings 
be  the  property  of  the  owner  or  owners  of  the  land  as  aforesaid,  less 
the  proceeds  of  the  sale  thereof:  or  if  taken  by  the  owner  or  owners, 
at  the  estimated  value  to  remove,  in  that  case  they  shall  only  include 
the  difference  between  such  value  and  the  whole  estimated  value  of 
Such  buildings. 

Ibid.  Sec.  10.  If  the  damages  to  an}?-  person  or  persons  be 
greater  than  the  benefits  received,  or  if  the  benefits  be  greater  than 
the  damages,  in  either  case  the  commissioners  shall  strike  a  balance, 
and  carry  the  difference  forward  to  another  column,  so  that  the  assess¬ 
ment  shall  show  what  amount  is  to  be  received  or  paid  by  such  owner 
or  owners  respectively,  and  the  difference  only  shall  in  any  case  be 
collected  of  or  paid  to  him,  her  or  them, 

1  bid.  Sec.  11.  If  the  lands  and  buildings?  belong  to  different 
persons,  or  if  the  land  and  buildings,  both  the  land  and  buildings, 
be  subject  to  lease  or  mortgage,  the  injury  or  damages  done  persons 
respectively,  may  be  awarded  to  them  respectively,  according  to  the- 
provisions  hereof,  less  the  benefits  resulting  to  them  respectively  from 
such  improvement. 

Ibid.  Sec,  12.  The  commissioners,  after  having  ascertained  and 
determined  the  damages  and  the  expenses  of  such  improvements  as 
aforesaid,  shall  thereupon  apportion  and  assess  the  same,  together  with 
the  costs  of  the  proceeding,  upon  the  real  estate  by  them  deemed  ben¬ 
efited,  in  proportion  to  and  not  exceeding  the  amount  of  the  benefits- 
resulting  to  the  same  from  the  improvements,  as  nearly  as  may  be, 
and  shall,  as  accurately  as  maybe,  describe  the  real  estate  upon  which 
the-  assessments  may  be  made,  and  when  completed,  shall  sign  and 
return  the  same  to  the  City  Council  within  thirty  days  of  their  assess¬ 
ments.  Such  return  of  the  commissioners  may  be  substantially  as 
follows,  to-wit  : 

1  o  the  City  Council  of  the  City  of  Champaign  r 

The  undersigned  commissioners,  elected  by  your  honorable  body,  on 

the - day  of  - - ,  A.  13.  18- — ,  for  the  purpose  of  determining 

and  assessing  the  damages  and  benefits  to  certain  real  estate,  resulting, 
from  the  taking  and  appropriating  the  same,  or  a  part  thereof,  for 
certain  improvements,  to  wit :  [here  describe  the  improvements,]  do 
hereby  make  return  and  say,  fihat  of  the  land  of  A.  B.,  and  shown 
in  the  columns  below  as  Bo.  1,  to-wit:  [here  describe  accurately 
the  land  belonging  to  A.  B.,  and  state,  as  nearly  as  may  be,  the  size 
of  the  land],  there  has  been  taken  [here  state  the  amount  of  land 
taken  for  the  improvement],  (aid  of  the  land  of  C.  I).,  etc,,  continue 
•as  above  until  each  tract  has  been  described,  and  if  the  parties  are 
not  known,  say  unknown),  aid  do  assess  the  damages  or  benefits 
accruing  to  said  tract  cr  tracts,  pieces  cr  parcels  of  lard,  from  said 
kn pro v em out,  as  lb  1 1  *>w s  : 


Czxv.  22 . 


167 


Streets  axu  AL;m 


Ibid.  Sec.  13.  Upon  the  return  of  the  'commissioners  being 
made  to  the  City  Council,  as  hereinbefore  provided,  the  City  Cl  >rk 
shall  give  notice  by  publication  at  least  twice  in  the  paper  publishing 
the  ordinances  of  the  city,  that  such  assessment  has  been  returned  by 
the  commissioners,  and  that,  on  a  day  to  be  specified  therein,  the  same 
will  be  confirmed  by  the  City  Council,  unless  objection  be  made  to  the 
same  by  some  person  or  persons  interested,  and  the  first  publication 
of  said  notice  shall  be  at  least  ten  days  before  the  time  named  for 
parties  to  appear  and  make  objections.  Any  person  or  persons  intei- 
ested  shall,  by  themselves  or  agent, be  heard  by  the  City  Council,  in 


'“See  the  City  of  Chicago  vs.  Larnod,  34  III.,  303. 


f HAP.  21 


StR  PETS'  AST)  As  RETS. 


168 


favor  of  or  against  the  confirming  by  the  City  Council  of  the  assess- 
merits  as  returned  by  the  commissioners,  and  the  City  Council  may 
a  hour  a  the  hearing  from  dav  to  day. 

iJ  1_J  *  «/  «/ 

Ibid,  Sec.  14.  After  the  City  Council  have  heard  all  parties 
interested,  who  desire  to  be  heard  in  favor  of  or  against  said  assess- 
ment,  they  shall,  by  an  order  to  be  entered  upon  the  record  of  the 
city  by  the  City  Clerk,  approve  and  confirm,  annul  or  refer  said 
assessment  return  back  to  the  commissioners,  which  order  may  be  as- 
follows  : 


Ordered  by  the  City  Council  of  the  City  of  Champaign,  that  the 
assessment  returns  of  A.  B.,  C.  D.  and  E.  F.,  commissioners,  to-wit  : 
[here  set  out  in  full  the  returns,]  be,  and  the  same  is  hereby  approved 
and  confirmed,  [or  annulled,  or  referred  back  to  the  commission¬ 
ers]. 

If  annulled,  all  proceedings  had  shall  be  void,  and  if  referred  back 
to  the  commissioners,  they  shall  again  make  their  assessments,  giving: 
notices  as  hereinbefore  provided,  arid  make  returns  of  the  same  in  the* 
manner  of  the  first  assessment,  and  the  City  Council  shall  act  in  the 
premises  the  same  as  provided  herein  for  the  first  assessment. 

Ibid.  Sec.  15.  If  said  assessment  returns  be  confirmed  by  the 
City  Council,  such  assessment  may  at  any  time  thereafter  be  collected 
of  the  owner  or  owners  of  such  lot  or  lots,  tract,  piece  or  parcel  of 
land,  against  which  the  same  is  assessed,  and  recovered  by  suit  in  the 
name  of  the  city,  before  any  court  having  jurisdiction:  or  the  City 
Council  may,  by  the  passage  of  an  ordinance  or  resolution,  to  be 
entered  in  full  upon  the  records  of  the  city,  by  the  Clerk,  levy  and 
assess  the  amount  of  such  assessments  against  the  land,  lot  or  prem¬ 
ises,  against  which  the  same  is  assessed  by  the  commissioners,  and 
direct  that  a  warrant  issue  for  the  collection  of  the  same ;  which 
ordinance  or  resolution  shall  be  substantially  as  follows,  to-wit : 


-  An  Ordinance  (or  resolution)  for  the  collection  of  assessments. 

Be  it  ordained  (or  resolved)  by  the  City  Council  of  the  City  of 
Champaign,  That  there  be  hereby  levied  and  assessed  against  a  certain 
lot,  piece  or  parcel  of  land,  the  property  of  A.  B.,  situated  within 
the  City  of  Champaign,  to-wit:  [here  describe  the  land],  the  sum  of 
-  dollars,  — - cents.  Also  against  a  certain  lot,  etc  ,  [here  con¬ 


tinue  as  at  first,  until  complete  with  each  lot  of  land  separately]. 
And  it  is  hereby  ordered  and  directed  that  a  warrant  issue  for  the 
collection  of  said  sum  (or  sums)  of  money,  in  accordance  with 
the  provisions  of  the  charter  and  ordinances  of  the  City  of  Cham- 
paign. 


Ibid.  Sec.  16.  Within  thirty  days  after  the  passage  of  said 
ordinance  or  resolution,  a  warrant  or  warrants,  for  the  collection  of 
said  assessments,  shall  be  issued,  the  same  to  be  signed  by  the  Mayor 
and  Clerk,  and  have  the  corporate  seal  thereto  affixed,  and  said  war¬ 
rant  or  warrants  shall  contain  true  and  perfect  copies  of  the  assess¬ 
ment  list,  as  made  by  the  commissioners,  and  approved  and  levied  and 


C  n  .v  i 


Streets  and  Allkvs. 


99 


assessed  by  tlie  City  Council,  together  with  a  description  of  the  real 
estate  against  which  said  assessments  have  been  made,  as  nearly  as 
may  be,  and  shall  be  delivered  to  the  City  Collector,  for  collection, 
within  thirty  days  after  the  passage  of  the  ordinance  or  resolution  by 
the  City  Council,  directing  the  issuing  of  such  warrant.  The  warrants- 
may  be  substantially  as  follows,  to-wit : 

The  People  of  the  State  of  Illinois,  to  the  City  Collector  of  the  City 
of  Champaign,  greeting: 

Whereas,  The  City  Council  of  the  City  of  Champaign  did,  on 

the - day  of  - ,  A.  D.  18 — ,  levy  and  assess  upon  certain 

lot  or  lots,  pieces,  parcels  or  tracts  of  land,  real  estate  herein 
described,  the  several  sums  of  money  set  opposite  to  each  respectively 
in  the  appropriate  column,  for  special  assessments  as  benefits  accruing 
to  the  same  from  the  [opening,  etc. — here  describe  the  improvement,] 
as  follows,  to-wit :  [here  describe  the  real  estate  against  which  the 
assessment  is  made,  giving  the  names  of  the  owner  or  owners,  if 
known,  making  accurate  copy  of  the  assessment,  as  returned  by  the 
commissioners  and  assessed  and  levied  by  the  City  Council,  setting 
down  the  several  sums  against  each  piece  of  real  estate,  leaving  a 
blank  column  for  the  entry  of  payment].  Now,  therefore,  you  are 
commanded  to  make  levy  and  collect  the  several  sums  of  money  set 
opposite  to  the  real  estate  herein  described,  as  assessments  thereon 
for  the  improvements  aforesaid,  of  the  said  real  estate,  or  of  the 
goods  and  chattels  of  the  owners  of  said  real  estate,  and  make  due 
return  in  what  manner  you  shall  execute  this  warrant,  within  ninety 
days  from  the  date  thereof. 

Witness  A.  B.,  Mayor  of  the  City  of  Champaign,  and  the 
corporate  seal  thereof,  this  - day  of  - ,  A.  I). 

18—. 

A.  B.,  Mayor. 

C.  D.,  Clerk. 

I  bid.  Sec.  17.  Upon  the  issuing  of  the  warrant,  as  herein¬ 
before  provided,  the  City  Clerk,  City  Collector,  and  City  Council,  and 
all  other  officers  of  the  City  of  Champaign  who  may  be  officially 
required  to  act  in  the  further  proceedings  for  the  collection  of  the 
assessments  aforesaid,  shall  be  governed  in  all  things  in  accordance 
with  the  provisions  of  an  ordinance  entitled,  “  An  ordinance  regu¬ 
lating  the  assessment  and  collection  of  taxes,”  passed  May  15th, 
1862,  commencing  at  the  twenty-first  section  thereof;  and  according 
to  the  provision  of  section  nine,  of  the  amendments  to  the  charter  of 
the  City  of  Champaign,  and  of  article  nine  of  the  charter  of  the 
City  of  Champaign :  Provided ,  That  whenever  it  shall  become 
necessary  for  the  collection  of  the  assessments,  as  herein  provided,  to 
give  notices  by  publications  or  otherwise,  as  may  be  required  by  the 
provision  of  an  ordinance,  entitled  “  An  ordinance  regulating  the 
assessment  and  collection  of  taxes,”  as  aforesaid,  the  word  “assess¬ 
ments  ”  shall  be  used  in  the  place  of  “taxes,”  whenever  it  occurs-  in 
99 


170 


Streets  and  At, Leys. 


Chap.  22. 


said  ordinance,  including  and  after  the  twenty-first  section  thereof, 
and  at  all  times  when  such  notices  shall  be  required,  or  the  passage 
of  a  resolution  or  an  ordinance,  or  the  making  an  order  by  the  City 
Council,  for  the  carrying  out  the  provisions  hereof,  an  accurate  state* 
ment  shall  be  made  therein  for  what  purpose  said  assessments  are 
assessed  and  levied,  and  shall  also  contain  accurate  descriptions  of 
the  real  estate  against  which  said  assessments  are  made,  together  with 
the  names  of  the  owner  or  owners  thereof,  if  known,  and  in  all  things 
and  to  the  same  extent  shall  the  officers  charged  with  the  execution 
hereof,  have  the  same  powers  and  the  same  authority,  and  shall  be 
subject  to  the  same  conditions  in  the  collection  of  the  said  assessments 
herein  provided  for,  as  is  conferred  upon  and  required  of  the  same 
for  the  collection  of  taxes,  in  the  ordinance  aforesaid. 

Ibid.  Sec.  18.  The  said  assessments  shall  be  due  and  payable 
from  and  after  the  passage  of  the  ordinance  or  resolution  levying  the 
same,  as  hereinbefore  provided,  and  from  that  time  shall  be  a  lien 
upon  the  real  estate  against  which  said  assessments  may  be  made  for 
two  years,  and  shall  be  a  lien  upon  the  personal  property  of  the 
owner  or  owners  of  said  real  estate,  from  and  after  the  delivery  of 
the  warrant  to  the  collector  until  paid,  and  no  sale  or  transfer  thereof 
shall  affect  the  lien. 

Ibid.  Sec.  19.  The  City  Council  shall  have  power  to  remove  any 
or  all  of  the  commissioners,  and  from  time  to  time  may  elect  others 
to  fill  vacancies  of  such  as  are  removed,  or  refuse,  or  neglect,  or  are 
unable,  from  any  cause,  to  serve. 

Ibid.  Sec.  20.  The  land  required  to  be  taken,  according  to  the 
provision  hereof,  for  the  making,  opening,  widening,  straightening,  or 
altering,  any  public  ground,  square,  street,  alley  or  highway,  shall  not 
be  appropriated  until  the  damages  awarded  therefor,  to  any  owner 
thereof,  shall  be  paid  or  tendered  to  such  owner,  his,  or  her  or  their 
agent;  or,  in  case  such  owner  or  his  agent  cannot  be  found  in  the 
city,  deposited  to  his,  her  or  their  credit,  in  some  safe  place  of  deposit, 
other  than  the  hands  of  the  City  Treasurer ;  and  then,  and  not  before, 
may  such  lands  be  taken  and  appropriated  for  the  purpose  required  in 
making  such  improvement,  as  aforesaid. 

Ibid.  Sec.  21.  When  the  whole  of  any  lot  or  parcel,  or  other 
premises,  under  lease  or  other  contract,  shall  be  taken  for  any 
of  the  purposes  aforesaid,  according  to  the  provisions  hereof,  all  the 
covenants,  contracts  and  agreements  between  the  landlord  and  tenant, 
or  other  contracting  parties,  touching  the  same,  or  any  part  thereof, 
shall,  upon  the  confirmation  and  approval  of  the  report  of  the  com¬ 
missioners,  respectively,  fully  cease  and  be  absolutely  discharged. 

Ibid.  Sec.  22.  When  part,  only,  of  any  lot,  or  tract,  or  parcel 
of  land,  or  other  premises,  so  under  lease  or  contract,  shall  be  taken 
and  appropriated  for  any  of  the  purposes  aforesaid,  according  to  the 
provision  hereof,  then  all  the  covenants,  contracts  and  agree¬ 
ments  in  relation  thereto,  shall,  upon  the  confirmation  of  the  return 
of  the  commissioners,  be  absolutely  discharged  as  to  the  part  thereof 


Chap.  ‘2:!. 


Str^kt  Labor* 


so  taken,  but  shall  remain  valid  as  to  the  residue  thereof,  and  the 
rents,  consideration  and  payments  received,  payable  and  to  be  paid 
for,  or  in  respect  to  the  same,  shall  be  so  proportioned  as  that  the 
part  thereof  justly  and  equitably  payable  for  such  residue  thereof, 
and  no  more,  shall  be  paid  or  recoverable  in  respect  of  the  same. 

Ibid.  Sec.  23.  That  whenever  any  person  interested  shall  desire 
to  appeal,  according  to  the  provision  of  section  sixteen,  of  article 
seven,  of  the  charter  of  the  City  of  Champaign,  the  final  order  therein 
mentioned  shall  be  the  order  of  the  City  Council,  confirming  the 
report  of  the  commissioners,  as  herein  provided,  and  twenty  days 
from  the  date  of  said  order  shall  be  the  period  allowed  wherein  to 
make  such  appeal. 

Ibid.  Sec.  24.  When  any  known  owner,  or  other  person  having 
an  interest  in  any  real  estate,  residing  in  the  city,  or  elsewhere,  shall 
be  an  infant,  and  any  proceeding  in  relation  thereto  shall  be  had 
according  to  the  provision  hereof,  the  City  Council  shall  apply  to  the 
judge  of  the  Circuit  Court,  the  judge  of  the  County  Court,  or  any 
judge  of  the  Supreme  Court,  for  the  appointment  of  a  guardian  for 
such  infant,  according  to  the  provisions  of  section  nineteen,  of  article 
seven,  of  the  charter  of  the  City  of  Champaign,  and  all  notices  and 
summons  required  by  the  provision  of  this  ordinance,  shall  be  served 
upon  said  guardian,  provided  that  nothing  herein  shall  be  so  construed 
as  to  prevent  such  infant,  or  his  next  friend,  making  application  for 
the  appointment  of  guardian,  as  aforesaid. 

Ibid.  Sec.  25.  When  all  the  proceedings  shall  have  been  com¬ 
pleted,  and  the  damages  assessed  shall  have  been  paid,  or  tendered  to 
the  owner  or  owners  of  the  land  taken,  or  deposited  to  the  credit  of 
him,  her  or  them,  as  required  herein,  the  commissioners  shall,  by  deed, 
convey  to  the  city  the  lands,  lots  or  real  estate  so  taken,  which  deed 
shall  vest  the  land,  lot  or  real  estate  in  the  city,  and  be  conclusive 
evidence  that  all  the  proceedings  in  relation  to  the  same  have  been  in 
conformity  to  the  charter  and  ordinances  of  said  city. 


CHAPTER  XXIII. 


Streets  and  Alleys. 

AN  ORDINANCE  in  Relation  to  Labor  upon  Streets  and  Alleys. 


I.  Streets ,  lylio  to  Labor  upon. 

I.  Streets,  Labor  upon  Commuted 
how. 

II.  Supervisor ,  to  give  Notice  hoiv. 


III.  Labor  upon ,  how  Conducted. 

IV.  Refusal  to  Labor ,  Penalty  of. 
Y.  Moneys  Collected ,  Expended 

when. 


Section  1.  (May  15,  1865)  —  §  1.  Be  it  ordained  by  the  City 
Council  of  the  City  of  Champaign ,  That  every  male  resident  of  the 
City  of  Champaign,  over  the  age  of  twenty-one  years,  and  under  the 
age  of  fifty  years,  be  and  hereby  is  required  to  labor  three  days  in 


Oiap.  2M 


Street  Labor. 


172 


each  year  upon  the  streets  and  alleys  of  said  city,  and  the  City 
Council  shall,  by  resolution  or  ordinance,  fix  a  certain  amount  of 
money,  not  less  than  two  nor  more  than  six  dollars,  to  be  paid  by  each 
person  liable  to  perform  such  labor,  in  lieu  thereof.*  The  City  Clerk 
.shall  note  the  resolution  or  ordinance  upon  the  journals,  and  it  shall 
be  the  duty  of  the  City  Clerk  to  make  out  and  deliver,  within  ten 
days  after  the  passage  of  such  resolution  or  ordinance,  to  the  City 
Supervisor,  a  certificate  of  the  amount  of  money  so  fixed  by  the  City 
Council  to  be  paid  in  lieu  of  labor,  as  aforesaid. 

Ibid.  Sec.  2.  The  City  Supervisor  shall  notify  any  or  all  of  the 
persons  liable  to  perform  such  labor  to  appear  at  such  place  or  places, 
and  on  such  days  as  he  may  think  proper,  to  perform  such  labor  : 
Provided ,  no  person  shall  be  required  to  perform  such  labor  out  of  the 
ward  where  he  resides.  Such  notice  shall  be  written  or  printed,  or 
partly  written  and  partly  printed,  and  shall  require  the  person  or 
persons  notified  to  appear  on  a  certain  time  or  times,  at  a  certain 
place  or  places,  to  be  stated  in  the  notice,  for  the  purpose  of  laboring 
on  the  streets  and  alles  of  the  city,  and  shall  state  the  tools  which  he 
or  they  shall  bring  with  them  to  do  the  same,  and  may  be  given  by 
delivering  said  notice,  or  causing  it  to  be  delivered,  or  leaving  or  caus¬ 
ing  it  to  be  left  at  the  usual  place  of  abode  or  business  of  any  person 
thereby  required  to  labor  as  aforesaid,  at  least  five  days  previous  to 
the  first  day  on  which  such  person  is  required  to  labor,  as  aforesaid, 
or  said  notice  may  be  given  by  publishing  the  same  in  the  newspaper 
publishing  the  ordinances  of  the  city,  once,  which  publication  shall 
be  at  least  ten  days  before  the  first  day  appointed  for  the  person  or 
persons  so  notified  to  labor  as  aforesaid,  or  by  posting  up  such  notice 
in  three  of  the  public  places  of  the  ward  or  district  wherein  such 
person  or  persons  reside,  which  shall  be  done  at  least  ten  days  before 
the  first  day  set  for  such  labor. 

Ibid.  Sec.  3.  Each  person  liable  to  perform  such  labor  having 
been  duly  notified,  in  either  of  the  aforesaid  methods,  shall,  in  accord¬ 
ance  with  the  terms  of  such  notice,  perform  the  same  labor,  either  by 
himself  or  a  substitute  equally  able,  working  at  least  nine  hours  each 
day ;  and  if  any  such  person  or  his  substitute  shall  spend  the  time  in 
idleness,  be  turbulent,  or  disobey  the  Supervisor,  he  or  his  said  substi¬ 
tute  shall  be  discharged  from  such  labor,  and  the  balance  due,  at  the 
rate  fixed  by  the  City  Council  to  be  paid  in  lieu  of  such  labor, 
together  with  fifty  per  cent,  added  thereto,  shall  be  collected  of  such 
person  or  the  person  for  whom  such  substitute  was  to  labor,  by 
suit  in  the  name  of  the  city,  before  any  court  of  competent  juris¬ 
diction. 

Ibid .  Sec.  4.  Each  person  liable  to  labor  on  the  streets  and 
.alleys  of  the  said  city,  who  shall  fail  or  refuse  to  perform  such  labor, 
when  duly  notified  by  the  City  Supervisor,  shall,  within  five  days 
after  the  first  day  appointed  in  said  notice  for  such  labor,  pay  to  the 
City  Supervisor  or  City  Treasurer  the  amount  of  money  so  fixed  by 


-^See  Charter,  #  6,  page  18;  also,  g  2,  page  30,  ante. 


Oh.u\  23. 


173 


Stuket  La  nait. 


the  City  Council  to  be  paid  in  lieu  thereof;  and,  in  default  of  such 
payment,  the  amount  of  money  so  fixed,  together  with  fifty  per  cent, 
thereof  added  thereto,  for  damages,  may  he  collected  of  the  person  so 
failing  or  refusing  to  pay  the  amount  of  money  fixed  by  the  City 
Council,  as  aforesaid,  without  any  deduction  by  way  of  set-off,  by  suit 
in  the  name  of  the  city,  before  any  court  of  competent  jurisdiction, 
with  costs  of  suit ;  or  the  same  may  be  collected,  together  with  said 
fifty  per  cent.,  in  the  same  manner  as  other  taxes.  But  it  shall  be 
the  duty  of  the  City  Supervisor,  unless  otherwise  instructed  by  the 
Mayor  or  City  Council,  to  institute  the  proper  proceedings  for  collect¬ 
ing  by  suit. 

Ibid.  Sec.  5.  AW  moneys  collected  or  received  by  the  city, 
through  its  proper  officers,  in  lieu  of  such  labor,  shall  be  accredited 
to,  and  disbursed  in,  the  ward  or  district  where  the  person  or  persons 
pa  vino*  the  same  shall  reside  at  the  time  it  becomes  due. 

it  -e/ 


4 


\ 


'h  a  p.  2  4  . 


rr-f 


Taxes. 


CHAPTER  XXI  VC 

Taxes. 

AN  ORDINANCE  Regulating  the  Assessments  and  Collections  of 


m 

l  axes. 


XXV.  Taxes  Paid ,  to  be  Marked! 

,  Paid. 

XXVI,  Collectors  to  Correct  Error r 
when. 

XXVII.  Taxes ,  Property  Liable  forr 
ic  hen. 

X X Y III.  Return  of  Warranty  token r 
Form  of. 

XXIX.  Assessor's  Satement  with  Re- 
turns , 

XXX.  Warrant  not  Satisfied ,  ‘ hour 
Proceed. 

XXX.  Order  of  Council  therein ? 
Form  of, 

XXXI.  Same,  Clerk  to  Certify  Copy 

XXXII.  Sale  of  Delinquent  Premises? 
Notice ,  Form  of, 

XXXIII.  Payment  to  Stop  Proceedings , 
XXXIV.  Sale  of  Real  Estate,  when. 
XXXV.  Sale  '  “  “  how. 

XXXVI.  To  Sell  the  Smallest  Portion, 
XXX VII.  Certificate  of  PurchaseT 
Form  of. 


L  Reed  Estate ,  Listed  how. 

II.  Names  of  Owners,  Arranged 
how. 

III.  A  ssessmenls,  how  Made  and  upon 

Wind. 

I V.  The  Valuation,  when  Made,  Party 

to  Make  Oath. 

X .  Parties  Sick  or  Absent,  how  Pro¬ 
ceed. 

VI.  Parties  not  Found,  or  Neglecting, 
how  Proceed . 

VIT.  Fru  d  a  lent  Listing ,  Penalty  of. 

VIII.  Parties  Refusing  to  List,  how  Pro¬ 
ceed. 

IX.  Not  Listed  by  Owner 7  how  Pro 
ceed. 

X.  Not  Assessed  in  Former  Years r 
June  Proceed. 

XI.  Assessor^  Return ,  how  Made, 

Form  of 

XII.  Objections,  Clerk  to  Give  Notice 
for.  Form  of 

XIIT.  Parties  Objecting,  how  Proceed. 

XIV.  Duty  of  City  Council  herein. 

XV.  Assessor  to  Attend  when  Oljec-  XXXVII  b  Certified  List  of  Lands  Sold lr 


tions  are  Made. 

XVI.  Order  of  Confirmation,  Form 

XVII.  City  Council  to  Levy  Tax 7 
how. 

XVIII.  Warrant  for  Collection  *f  Taxes, 
ta  Issue  when. 

XVIII.  Duty  of  City  Clerk  herein, 

XIX.  The  Warrant.  Form  of, 

XX.  7  'axes,  Due  and  Payable  when. 

XXI.  Taxes,  Collector  Charged  with r 
when. 

XXII.  Taxes,  Collections  of  how  Made. 

XXIII.  Taxes,  Collector  may  Distrain 
for,  when. 

XXIV.  Taxes,  Personal  Property  Sold 
Jbr,  when, — how. 


how  Made, 

.  Certificate  oj  Redemption . 
XL,  Sale,  Redemption  from,  whew 


XLT.  Tax  Deeds,  when  Made. 

XLIJ.  City  Clerk  to  Make  Deed. 

XL II I.  Taxes  Collected  After  Settle¬ 
ment, 

XLIV.  Taxes  Twice  Paid,  how  Pro¬ 
ceed. 

X  L  V.  Double  Assessments,  hoiv  Pro¬ 
ceed, 

XL VI.  Same,  Refunding  of. 

XL  VI I.  Land  Sold  not  Subject  to  Taxt 
how  Proceed. 

XL VIII.  Sales  not  Invalid,  when. 

XL IX.  Laws  of  the  Slate  to  Govern. 


Division  I.  —  Assessments  Generally. 

Section  1.  (May  15,  1862)  —  §  1.  Be  it  ordained  by  the  City 
Council  of  the  City  of  Champaign ,  That  the  City  Assessor  and  Col¬ 
lector  shall,  annually,  after  being  qualified  and  entering  upon  the 


Cn\r.  '24. 


Txxirs. 


discharge  of  tlie  duties  of  his  office,  make  out,  in  a  suitable  book  or 
books,  a  list  of  all  the  real  estate  within  the  city,  subject  to  taxation, 
listing  and  describing  the  lots  or  tracts  in  each  addition,  in  numerical 
order,  and  subdividing  any  lot  or  tract  by  correct  descriptions,  when 
known  to  him  to  be  owned  in  part  by  different  persons.  The  valua¬ 
tion  thereof,  and  the  name  of  the  owner,  if  known,  shall  be  set  opposite 
thereto.  If  the  owner  is  unknown,  a  blank  shall  be  left,  to  be  filled 
with  his  name  when  ascertained  ;  and  if  after  reasonable  diligence, 
the  owner  cannot  be  found,  he  shall  designate,  opposite  to  such  lot  or 
tract,  the  name  of  the  owner  as  “  unknown.” 

I  bid.  Sec.  2.  The  Assessor  and  Collector  shall  also  rule  columns 
in  his  book  for  the  listing  of  personal  property  subject  to  taxation. 
The  names  of  the  owners  of  personal  property  shall  be  entered  in 
alphabetical  order.  The  lists  of  real  and  personal  property  may  be 
made  in  the  same  form,  as  near  as  is  practicable,  as  the  real  and 
personal  property  lists  of  County  Assessors  under  the  lavs  of  the 
State. 

I  bid.  Sec.  8.  lie  shall,  after  making  out  his  list,  proceed  to 
Ascertain  the  value  of  the  real  property  within  the  city,  subject  to 
taxation,  by  actual  view  thereof,  and  from  the  best  information  he  can 
obtain,  and  shall  make  the  assessed  valuation  of  each  separate  lot  or 
tract,  in  figures,  opposite  the  description  thereof.  He  shall  call  upon 
each  inhabitant  required  by  law  to  list  any  property  for  taxation,  at 
his  or  her  residence,  lodging,  place  of  business,  or  elsewhere,  and 
shall  demand  a  certified  statement  of  all  their  personal  property 
within  the  city,  and  of  all  the  personal  property  belonging  to  o»*  in 
the  possession  of  such  person,  made  taxable  by  the  laws  of  the  State, 
for  State  purposes,  including  moneys,  credits,  investments  in  bonds, 
stocks,  joint  stock  companies,  or  otherwise,  in  his  possession  or  under 
his  control,  which  he  or  she  is  required  to  list  for  taxation,  by  the 
laws  of  this  State,  either  as  owner,  agent,  guardian,  parent,  husband, 
trustee,  executor  or  adminisitrator,  receiver,  accounting  officer,  partner 
or  factor,  with  such  description  thereof  as  will  enable  him  to  list  and 
value  the  same. 

Ibid.  Sec.  4.  He  shall  procure  the  necessary  blank  forms  for 
such  certified  statement,  and  shall  value  all  property  at  its  cash  valua¬ 
tion.  Personal  property  shall  be  listed  and  assessed  with  reference 
to  the  quantity  and  value  on  hand  on  the  first  day  of  May  in  each 
year,  including  all  property  purchased  on  that  day.  If  the  personal 
droperty  is  in  view,  and  lie  can  ascertain  the  value  thereof,  lie  shall 
value  the  same  ;  but  when  it  is  not  in  view,  or  he  is  unable  to  ascertain 
the  value  thereof  to  his  satisfaction,  he  shall  require  the  person  listing 
to  give  in  the  description  and  value  thereof  under  oath. 

I  bid.  Sec.  A  If  any  person  shall  be  sick  or  absent  when  called 
upon  by  the  Assessor  and  Collector,  he  shall  leave  at  his  or  her  resi¬ 
dence,  lodgings  or  place  of  business,  a  notice  with  a  blank  form  attached, 
requiring  him  or  her  to  make  out  and  leave  at  his  office,  on  or  before 
ri  certain  day  (not  less  than  five  days  thereafter),  to  bo  named  therein, 


1 76 


Cha  f. 


24. 


Taxes. 


a  statement  certified  by  him  or  her  (under  oath,  if  required),  of  all 
the  personal  property  which  he  or  she  is  required  to  list ;  the  name 
of  the  person  and  the  date  of  the  notification  shall  be  noted  in  a  book 
to  be  kept  for  that  purpose. 

Ibid.  Sec.  6.  If  the  Assessor  and  Collector  shall  be  unable  to^ 
find  the  owner  of  any  personal  property,  or  any  other  person  required 
to  list  the  same,  or  if  such  owner  or  other  person  shall  neglect  to  give 
in  a  list  of  his  property  when  duly  notified,  the  Assessor  and  Collector 
shall  list  and  value  the  personal  property  of  such  person,  according  to 
the  best  information  he  can  obtain  ;  or  if  he  believe  that  the  personal 
property  of  any  person  has  been  undervalued  in  the  listing  thereof, 
he  shall  list  and  re-value  such  property  at  what  he  considers  its 
true  valuation,  and  shall  notify  such  person  of  such  increased  valua¬ 
tion. 

Ibid.  Sec.  7.  If  any  person  shall  give  in  a  false  or  fraudulent 
list  of  his  personal  property,  or  of  any  personal  property  which  he  is 
required  to  list,  or  shall  refuse  to  deliver  to  the  Assessor  and  Collector, 
when  called  upon,  a  true  list,  certified  by  him,  of  his  personal  prop¬ 
erty,  or  of  personal  property  which  he  is  required  to  list,  or  shall 
refuse  to  give  in  such  list  upon  oath,  when  required  by  the  Assessor 
and  Collector,  the  Assessor  and  Collector  shall,  in  either  case,  as  a 
penalty  therefor,  list  his  personal  property,  or  the  personal  property 
'which  he  is  required  to  list,  at  what  he  may  deem  double  its  value, 
and,  upon  his  failure  to  do  so,  he  shall  be  subject  to  a  penalty  of  fifty 
dollars  in  each  case. 

Ibid.  Sec.  8.  The  Assessor  and  Collector,  if  any  person  shall 
neglect  or  refuse  to  list  his  personal  praperty,  or  any  personal  property 
which  he  is  required  to  list,  or  if  he  shall  be  unable  to  find  any  person 
required  to  list  any  personal  property,  or  if  any  person  shall  refuse 
to  list  the  personal  property  which  he  is  required,  under  oath,  when 
required  by  him  ;  or  if  he  believes  any  person  has  listed  his  personal 
property,  or  any  personal  property  which  he  is  required  to  list,  at  less 
than  the  true  valuation,  or  falsely  or  fraudulently,  shall  have  power 
to  examine,  upon  oath,  any  other  person  whom  he  may  suppose  to 
have  any  knowledge  of  the  amount  or  value  uf  all  the  personal  prop¬ 
erty,  moneys  and  credits,  which  any  such  person  was  required  to  list. 
Any  person  who  shall  refuse  to  be  sworn,  or  to  testify  when  so  required 
by  the  Assessor  and  Collector,  shall  be  subject  to  a  penalty  of  not  less 
than  five  dollars  in  each  case. 

Ibid.  Sec.  9.  When  personal  property  is  not  listed  by  the  owners, 
the  Assessor  and  Collector  shall  note,  opposite  the  name  of  the  owner, 

by  whom  listed,  as,  by -  - - ,  agent,  or  by  Assessor,  as  the 

case  may  be.  He  shall  arrange  the  certified  statements  of  property 
received  by  him  alphabetical  order,  and  shall  carefully  file  and  pre¬ 
serve  them  in  his  office. 

Ibid.  Sec.  10.  If  he  shall  find  any  real  or  personal  property 
which  has  not  been  listed,  assessed  and  taxed  in  any  former  year, 
when,  by  the  laws  and  ordinances  governing  the  city,  it  ought  to  have 


Chap.  24. 


ITT 


AXES* 


been  listed,  assessed  and  taxed,  he  shall  list  and  value  the  same  for 
each  year  so  omitted,  noting  each  year  for  which  the  same  is  so  listed 
and  assessed. 

Ibid.  Sec.  11.  When  the  Assessor  and  Collector  shall  have 
completed  his  list,  he  shall  revise  and  correct  them,  and  shall  add  up 
the  several  columns  of  his  list  and  carry  the  amount  forward,  so  as  to 
show  at  the  end  thereof  the  total  valuation  of  his  real  and  personal 
property.  He  shall  return  his  lists  to  the  City  Council  on  or  before 
the  first  Monday  of  August  in  each  year  (unless  the  City  Council 
shall,  by  an  order,  extend  the  time  of  such  return),  with  an  affidavit 
annexed,  in  substance  as  follows,  to-wit : 

I,  — - - - — ,  City  Assessor  and  Collector  of  the  City  of  Cham¬ 

paign,  do  hereby  solemnly  swear,  or  affirm  (as  the  case  may  be),  that 
the  foregoing  is  a  correct  and  full  list  of  all  the  real  and  personal 
property  within  the  city,  subject  to  taxation,  so  far  as  I  have  been 
able,  with  diligence,  to  ascertain  the  same,  and  that  I  have  valued  the 
same,  as  I  believe,  at  the  full  cash  value  thereof,  estimated  agreeably 
to  the  rules  prescribed  therefor  in  the  laws  of  the  State  for  the  assess¬ 
ment  of  property,  and  that  the  aggregate  value  thereof,  such  as  set 
forth,  is  true  and  correct,  as  I  believe. 

Assessor  and  Collector. 

OF  THE  RETURN  OF  THE  ASSESSOR  AND  COLLECTOR’S  LIST. 

Ibid.  Sec.  12.  When  the  Assessor  and  Collector  shall  have- 
returned  his  lists  to  the  City  Council,  they  shall,  by  an  order,  fix  a 
day  for  the  hearing  of  objections  thereto.  The  City  Clerk  shall  give 
notice  of  the  time  and  place  so  fixed  for  the  hearing  of  such  objections, 
by  publishing  in  the  paper  publishing  the  ordinances  of  the  city, 
which  publication  shall  be  made  at  least  five  days  before  the  day 
appointed  for  the  hearing  of  such  objections,  an  advertisement,  sub¬ 
stantially  as  follows,  to-wit : 

NOTICE  TO  TAX-PAYERS  — ASSESSMENT  LISTS. 

City  Clerk’s  Office,  ) 
Champaign,  III.,  - ,  18 — .  / 

Notice  is  hereby  given  that  the  lists  of  all  the  taxable  and  real  and 
personal  property  within  the  city,  for  the  municipal  year  A.  I).  18 — , 
have  been  returned  to  the  City  Council  by  the  City  Assessor  and  Col¬ 
lector,  and  that  objections  thereto  will  be  heard  by  the  City  Council, 

at  the  meeting  to  be  held  at  - ,  on  the  * -  day  of  - T 

instant  (or  next),  at  which  time  and  place  all  persons  aggrieved  by  the- 
assessment  of  their  property  may  appear,  and  no  others,  and  make 
and  file  their  objections  in  writing. 

-  - ,  City  Clerk. 

Ibid .  Sec.  13.  Any  person  aggrieved  by  the  assessment  of  hia 
property,  or  any  property  which  he  is  required  to  list,  may  appear  at 

OQ 


Ciiap.  21. 


178 


1  AXE&. 


the  time  specified,  and  make  and  file  his  objections  in  writing,  stating, 
as  specifically  as  maybe,  the  nature  of  his  objections.  All  objections 
shall  be  made  or  filed  at  or  before  the  meeting  of  the  City  Council 
called  to  hear  and  determine  the  same,  and  at  no  other,  and  the  facts 
.stated  in  such  objections  shall  be  verified  upon  oath,  either  by  the 
person  making  the  same,  or  by  a  creditable  witness. 

Ibid.  Sec.  14.  The  City  Council,  convened  for  the  purpose  of 
hearing  objections,  shall  hear  and  determine  them  in  a  summary  mam 
ner,  and  shall  correct  all  errors  and  supply  any  omissions  they  may 
discover  in  the  lists,  and,  for  the  purpose  of  equalizing  them,  may 
alter,  add  to,  take  from,  or  otherwise  correct  and  revise  the  same,  or 
may  refer  them  back  to  the  Assessor  and  Collector,  with  instructions 
to  him  to  revise  and  correct  them,  or  they  may  be  referred  to  a  com¬ 
mittee  for  that  purpose ;  but  all  corrections  and  alterations  shall  be 
reported  to  the  City  Council,  for  their  final  action  and  approval.  The 
City  Council  shall  not,  in  any  case,  remit  or  reduce  the  assessment  of 
double  the  value  of  the  property  of  any  person  listed  by  the  Assessor 
and  Collector  as  a  penalty  for  his  refusing  to  list  his  property,  or  for 
refusing  to  give  it  in  upon  oath  when  required,  or  for  giving  in  a  false 
or  fraudulent  list. 

Ibid.  Sec.  15.  The  Assessor  and  Collector  shall  attend  the 
meeting  of  the  City  Council,  convened  for  the  purpose  of  hearing 
objections  to  his  lists,  and  shall  give  all  information  in  his  power  in 
relation  to  any  property,  to  the  assessment  of  which  any  objection 
may  be  made  by  any  person  aggrieved. 

Ibid.  Sec.  16.  When  the  Assessor  and  Collector’s  lists  shall 
have  been  revised  and  corrected  by  the  City  Council,  they  shall,  by 
the  passage  of  an  order,  to  be  entered  at  full  upon  the  journals  of 
the  Clerk,  approve  and  confirm  them,  and  direct  that  they  be  filed, 
and  that  a  warrant  issue  for  the  collection  of  the  several  taxes  which 
may  be  levied  and  assessed  thereon.  The  order  may  be  substantially 
as  follows,  to-wit : 

Whereas,  The  assessment  lists  for  the  municipal  year  one  thousand 

eight  hundred  and - •  have  been  duly  made  and  returned  by  the  City 

Assessor  and  Collector,  and  revised  and  corrected  by  the  City  Coun¬ 
cil,  after  due  notice  to  all  persons  aggrieved  thereby,  and  full  hearing 
of  all  objections  thereto,  it  is 

Ordered,  by*the  City  Council  of  the  City  of  Champaign,  that  the 
said  assessment  lists,  and  the  several  assessments  therein  contained,  as 
revised  and  corrected  by  the  City  Council,  be,  and  the  same  are  hereby 
confirmed  and  approved,  and  that  they  be  filed,  and  that  a  warrant 
issue  for  the  collection  of  the  several  taxes  which  may  be  assessed  and 
levied  thereon. 

Ibid.  Sec.  IT.  The  City  Council  shall  thereupon,  by  an  ordi¬ 
nance,  levy  upon  all  the  taxable  real  and  personal  property  listed,  such 
sums  of  money  as  may  be  sufficient  for  any  or  all  of  the  several  pur¬ 
poses  for  which  taxes  are  authorized  to  be  levied,  not  exceeding  the 


% 


Chap.  21. 


179'  • 


Tax  ns. 


authorized  percentage,  particularly  specifying  each  purpose  for  which 
the  same  are  levied,  and  if  not  for  general  purposes,  or  for  the  whole 
city,  the  district  or  division  upon  which  they  are  laid. 

Division  II.  —  Of  the  Collection  of  Taxes. 

1  bid.  Sec.  18.  The  City  Clerk  shall,  as  soon  as  may  be  after  the 
passage  of  the  ordinance  or  resoltion  levying  taxes,  and  within  thirty 
days  at  least,  unless  the  time  shall  be  extended  by  the  City  Council, 
make  out  and  deliver  to  the  Assessor  and  Collector  a  warrant  for  the 
collection  of  such  taxes.  The  warrant  shall  contain  a  true  copy  of 
the  corrected  assessment  lists,  with  additional  columns  ruled  therein 
for  the  entry  of  each  tax  which  may  be  levied  by  the  City  Council. 
Each  column  shall  be  headed  with  the  name  of  the  tax  ;  a  column 
shall  also  be  ruled  for  the  entry  of  payment,  when  taxes  are  paid  to 
the  Assessor  and  Collector.  The  City  Clerk,  shall  calculate  the 
amount  of  each  separate  tax,  rejecting  fractions  of  a  cent,  in  all  cases, 
and  place  it  in  the  proper  column,  opposite  the  name  of  the  person  or 
description  of  the  property  chargeable  therewith.  He  shall  carefully 
compare  and  add  up  each  column,  and  carry  the  amount  forward,  so 
as  to  show  at  the  end  of  the  tax  list  the  total  amount  of  the  taxes 
levied.  He  shall  test  the  accuracy  of  his  computations  and  additions 
by  calculating  the  tax  on  the  total  valuation  of  the  property  on  each 
page,  so  that  he  may  be  certain  that  the  taxes  have  been  correctly 
extended  and  added.  If  the  property  is  assessed  for  any  former 
year,  he  shall  calculate  the  percentage  of  each  several  tax  due  for 
that  year,  noting  the  year  for  which  such  taxes  are  leveid,  and  the 
Assessor  and  Collector  shall  collect  the  same,  with  the  interest  thereon 
at  the  rate  of  ten  per  cent,  per  annum,  from  the  date  from  which  they 
were  due  until  paid. 

Ibid .  Sec.  19.  The  warrant  shall  be  issued  returnable  within 
ninety  days  from  the  date  thereof,  and  shall  be  signed  by  the  Mayor 
and  City  Clerk,  under  the  corporate  seal,  and  may  be  substantially  as 
follows,  to-wit : 

STATE  OF  ILLINOIS,  \ 

City  of  Champaign,  j 

The  People  of  the  State  of  Illinois,  to  the  City  Assessor  and  Collector 

of  the  City  of  Champaign,  greeting : 

Whereas,  The  City  Council  of  the  City  of  Champaign  did,  on  the 

- - day  of  - ,  A.  D.  18 — ,  assess  and  levy  upon  the  assessed 

value  of  the  real  and  personal  property  herein  described,  the  several 
sums  of  money  set  opposite  to  each,  respectively,  in  the  appropriate 
columns,  for  general  —  and  —  taxes  (according  to  the  several  kinds 
of  taxes  levied),  of  the  City  of  Champaign,  for  the  municipal  year  one 
thousand  eight  hundred  and  — ,  as  follows  :  [here  describe  the  real  and 
personal  property,  with  the  valuation  thereof,  making  a  perfect  copy 
of  the  corrected  assessment  lists,  and  specifying  and  setting  down  the 
several  taxes  levied  by  the  City  Council,  in  separate  columns,  carrying 


Ch.'  r.  24. 


T80 


Ta’X4S, 


forward  the  totals  of  each  column,  and  leaving  a  blank  column  for 
the  entry  of  payment].  Now,  therefore,  you  are  hereby  commanded 
to  make  levy  and  collect  the  several  sums  of  money  set  opposite  to  the 
real  and  personal  property  herein  described,  as  the  taxes  thereon,  for 
the  year  aforesaid,  of  the  goods  and  chattels  of  the  respective  owners 
of  said  real  and  personal  property,  and  make  due  return  in  what 
manner  you  shall  execute  this  warrant,  within  ninety  days  from  the 
date  thereof. 

Witness  A.  B.,  Mayor  of  the  City  of  Champaign,  and  the 

corporate  seal  thereof,  this  - -  day  of  — « - ,  A.  D. 

nne  thousand  eight  hundred  and  — - . 

A.  B.,  Mayor. 

C.  D.,  City  Clerk. 

Ibid.  Sec.  20.  The  several  taxes  shall  be  due  and  payable  from 
and  after  the  approval  of  the  corrected  lists,  and  the  passage  of  the  ordi¬ 
nance  or  resolution  levying  the  taxes,  and  from  that  time  be  a  lien  upon 
real  property  for  two  years,  and  shall  be  a  lien  on  personal  property 
from  and  after  the  delivery  of  the  warrant  to  the  Assessor  and  Col¬ 
lector  until  paid,  and  no  sale  or  transfer  thereof  shall  affect  the 
lien. 

Ibid.  Sec.  21.  On  issuing  any  warrant  for  taxes,  the  City 
Clerk  shall  take  duplicate  receipts  from  the  Assessor  and  Col¬ 
lector,  specifying  the  amount  of  taxes  levied  by  the  warrant,  one 
of  which  he  shall  file  with  the  Treasurer,  and  they  shall  charge 
the  Assessor  and  Collector  on  their  books  with  the  full  amount 
thereof. 

Ibid.  Sec.  22.  The  Assessor  and  Collector,  upon  receipt  of  the 
warrant,  shall  immediately  proceed  to  collect  the  taxes  levied  therein; 
and  he  shall,  without  delay,  cause  a  notice,  signed  by  him,  to  be  pub¬ 
lished  for  two  weeks  successively  in  the  newspaper  publishing  the 
ordinances  of  the  city,  stating  that  the  warrant  for  the  collection  of 
the  several  city  taxes  for  the  municipal  year  A.  D.  18 — ,  upon  all  the 
taxable  real  and  personal  property  within  the  city,  and  all  the  taxable 
personal  property  of  the  inhabitants  thereof,  has  been  delivered  to 
him  for  collection  of  the  same,  and  that  payment  thereof  is  demanded. 
Such  notice  shall  be  deemed  a  sufficient  demand,  and  a  neglect  to  pay 
such  tax,  for  twenty  days  after  the  expiration  of  said  notice,  shall  be 
deemed  a  refusal ;  but  he  shall,  as  far  as  is  practicable,  make  personal 
demand  of  payment  of  each  person  charged  with  taxes,  of  his  agent, 
if  knoAvn,  and  to  be  found  within  the  city. 

Ibid.  Sec.  28.  He  shall  have  power,  by  virtue  of  his  warrant, 
to  distrain  and  sell  any  personal  property  of  any  person  charged  with 
real  or  personal  property  taxes,  for  the  payment  thereof,  together 
with  the  costs,  who  shall  refuse  to  pay  the  same  on  a  personal  demand, 
or  for  twenty  days  after  the  due  publication  of  notice,  when  no  per¬ 
sonal  demand  has  been  made,  or  he  may  distrain  forthwith,  if  he 
apprehend  danger  of  the  loss  of  the  taxes  by  the  removal  of  the 


/ 


CilAP.  '24.  181  ^Axr.k 


property  of  any  person  owing  taxes  or  otherwise,  or  he  may  collect 
such  taxes  b}r  suit  in  the  corporate  name,  before  any  court  having 
jurisdiction,  at  any  time  after  a  demand  and  refusal  to  pay  the 
same.* 

Ibid.  Sec.  *24.  He  shall,  before  selling  any  personal  property 
'distrained  by  him,  give  at  least  five  days’  notice  of  the  time  and  place 
of  sale,  by  posting  up  notices  thereof  at  the  front  of  the  post  office, 
and  in  at  least  two  other  of  the  public  places  of  the 'city,  describing 
the  personal  property  to  be  sold,  and  stating  the  name  of  Hie  delin¬ 
quent,  and  the  amount  of  the  taxes  and  costs  for  which  the  same  Will 
be  sold.  The  sale  shall  be  at  public  auction,  between  the  hours  of 
nine  o’clock  a.  m.  and  five  o’clock  p.  m.,  and  no  more  of  the  property 
distrained  shall  be  unnecessarily  sold  than  will  be  sufficient  to  pay  the 
taxes  due  and  the  costs  of  distraining  and  sale.  Any  surplus  shall 
be  paid  to  the  delinquent.  For  levying  and  selling,  the  Assessor  and 
Collector  may  charge  and  receive  a  fee  of  fifty  cents,  and  five  per  cent, 
on  the  amount  collected  by  such  sale,  together  with  the  necessary  costs 
and  charges  of  removing  such  property,  and  keeping  the  same.,  from 
■the  time  of  distraining  thereof  until  sold. 

Ibid.  Sec.  25.  The  Assessor  and  Collector,  upon  the  receipt  of 
the  money  for  the  payment  of  taxes,  shall  mark  the  word  “paid” 
opposite  to  the  name  of  the  person  or  description  of  the  property 
charged  therewith,  and  he  shall  also  give  a  receipt  therefor  to  the 
person  paying  the  same,  stating  the  amount,  describing  the  property, 
the  valuation  thereof,  and  the  several  taxes  for  which  the  same  was 
paid. 

Ibid .  Sec.  26.  If  the  Assessor  and  Collector,  in  collecting  taxes^ 
shall  find  any  error  in  calculation  of  taxes  in  his  warrant,  he  shall 
correct  the  same ;  and  if  he  shall  discover  any  taxable  property  omit¬ 
ted  in  his  warrant,  he  shall  note  the  same,  and  report  such  property, 
with  the  valuation  thereof,  to  the  first  meeting  of  the  City  Council 
thereafter,  and  the  City  Council  shall,  by  an  order,  direct  the  City 
Clerk  to  enter  such  property,  with  the  valuation  thereof,  in  the  war¬ 
rant,  and  he  shall  compute  the  amount  of  the  several  taxes  due  upen 
such  property,  and  set  the  same  down  in  the  appropriate  columns,  in 
the  same  manner  as  if  it  had  been  originally  listed,  and  the  taxes 
thereon  shall  be  collected  in  like  manner. 

Ibid.  Sec.  27.  Real  property  shall  in  all  cases  be  liable  for  the 
taxes  levied  thereon.  Personal  property  shall  be  liable  for  the  taxes 
levied  on  real  property,  and  real  property  shall  be  liable  for  the  taxes 
levied  upon  personal  property;  but  the  taxes  due  upon  personal 
property  shall  not  be  charged  upon  real  property,  except  in  cases  of 
removal  or  insolvency,  or  otherwise  where  the  taxes  cannot  be  collected 
and  made  out  of  the  personal  property;  but  the  Assessor  and  Collector 
may,  in  all  cases,  distrain  and  sell  personal  property  for  taxes  due  upon 
real  property. 

*  A  collector  of  taxes,  under  municipal  ordinance,  must,  in  distraining  property  for  taxes,  in  all  ti# 
.Vlfceedings,  strictly  follow  its  directions.  See  Allen  vs.  Scott,  13  Ill.,  80. 


Chap.  24. 


182 


1  axes: 


£  '5*^  I 

Division  III.  —  Of  tiie  Return  of  the  Warrant. 

Ibid.  Sec.  28.  The  City  Council  may  extend  the  return  day  of 
any  warrant,  by  order  or  resolution.  On  the  return  day  of  the  war¬ 
rant,  the  Assessor  and  Collector  shall  make  return  thereof  to  the 
City  Council,  or,  if  not  in  session,  he  shall  make  return  to  the  next 
meeting  of  the  City  Council  after  the  return  day.  His  return  may 
be  substantially  as  follows,  to-wit: 

STATE  OF  ILLINOIS,  1  gg 
City  of  Champaign.  j 

City  Assessor  and  Collctor's  Office, 
Ciiampaihn,  - - ,  18 — . 

To  the  City  Council  of  the  City  of  Champaign  : 

The  undersigned,  City  Assessor  and  Collector  of  the  City  of  Cham¬ 
paign,  makes  return  to  the  City  Council  of  the  foregoing  warrant,  that  he 
has  collected  the  taxes  on  all  the  real  and  personal  property  described 
in  said  warrant,  opposite  to  which,  in  the  appropriate  column,  the  word 
“paid”  is  written ;  chat  demand  of  payment  has  been  made  of  all 
the  taxes  not  marked  “paid,”  by  notice,  duly  published  in  the  news¬ 
paper  publishing  the  ordinances  of  the  city,  and  personally  of  tho 
several  persons  charged  therewith,  in  each  case,  where  he  has  been 
able,  by  diligent  inquiry,  to  find  such  persons  ;  and  that  he  has  not 
been  able  to  collect  such  tax  of  such  persons,  or  to  find  any  personal 
property  belonging  to  them,  or  either  of  them,  out  of  which  the  taxes 
could  be  made.  He  therefore  returns  the  said  warrant  unsatisfied,  as 
to  all  the  taxes  not  marked  “  paid  ”  on  the  face  thereof. 

A.  B.,  City  Assessor  and  Collector. 

Ibid.  Sec.  29.  The  Assessor  and  Collector  shall  also  make  out 
and  return  with  his  warrant  a  statement,  in  writing,  of  the  names  of 
all  persons  charged  with  personal  property  taxes,  and  the  amount 
thereof  which  he  has  been  unable  to  collect.,  by  reason  of  insolvency  y 
removal  or  otherwise.  If  the  delinquent  shall  own  any  real  estate 
within  the  city,  the  fact  shall  be  reported,  and  the  City  Council  may 
order  that  the  personal  property  taxes  due  from  each  delinquent  shall 
be  charged  to  any  of  his  real  estate,  and  the  same  shall  be  so  charged 
and  added  to  the  taxes  due  upon  any  of  his  real  property,,  by  the 
Assessor  and  Collector.  He  shall  report  any  error  which  he  may 
have  found  in  the  warrant  and  corrected- 

Ibid.  Sec.  30.  When  any  warrant  shall  be  returned  unsatisfiedr 
in  whole  or  in  part,  as  to  any  taxes  due  on  real  property,  or  as  to  any 
taxes  due  on  personal  property,  charged  against  any  real  property,  the 
City  Council  shall,  by  the  passage  of  an  order,  to  be  entered  at  full 
upon  the  journals,  by  the  City  Clerk,  direct  the  Assessor  and  Col¬ 
lector  to  sell  the  delinquent  premises  (describing  the  same,  with  the 
name  of  the  owner  thereof,  if  known,  and  the  several  taxes  due 
against  the  same,  as  fully  as  set  forth  in  the  warrant),  or  so  much 
thereof  as  may  be  necessary  to  pay  such  taxes  and  the  costs  of  sale.. 


Chap.  24. 


Taxes. 


183 


he  first  giving  due  notice  of  the  time  and  place  of  such  sale,  as 
required  by  law.  The  order  may  be  substantially  as  follows,  to- 

wit  :* 

Whereas,  The  warrant  issued  oh  the  - — —  day  of  — — - ,  A.  D. 

18-—,  for  the  collection  of  the  taxes  levied  by  the  City  Council  of  the 
AJity  of  Champaign,  upon  the  assessed  value  of  all  the  real  and  per¬ 
sonal  property  within  said  city,  and  the  personal  property  of  the 
inhabitants  thereof,  listed  for  and  subject  to  taxation  for  the  municipal 
year  A.  D.  18 — ,  has  been  returned  by  the  City  Assessor  and  Col¬ 
lector  unsatisfied  as  to  the  following  described  real  property  not 
marked  “paid,”  in  said  warrant,  and  upon  which  the  taxes  thereon, 
as  charged  against  the  same,  yet  remain  due  and  unpaid,  to-wit : 
[here  describe  each  separate  delinquent  lot  or  tract,  with  the  name 
V)f  the  owner  thereof,  if  known,  and  the  several  taxes  due  thereon,  as 
full  as  set  forth  in  the  Warrant],  It  is  therefore  ordered  by  the  City 
'Council  of  the  City  of  Champaign  that  the  Assessor  and  Collector 
proceed  to  sell  the  afore  described  delinquent  lots,  premises  and  real 
estate,  or  so  much  thereof  as  may  be  necessary  to  pay  the  several 
taxes  respectively  due  thereon,  and  charged  against  the  same, 
■and  the  costs  of  the  sale  thereof,  in  the  manner  prescribed  by  law, 
he  first  giving  due  notice  of  the  time  and  place  of  such  sale,  as  regu¬ 
lated  by  law. 

Ibid.  Sec.  31.  The  City  Clerk  shall,  without  delay,  after  the 
passage  of  the  order  of  sale,  make  out  a  certified  copy  thereof,  signed 
by  the  Mayor  and  himself,  under  the  corporate  seal,  and  shall  attach 
the  same  to  the  warrant,  and  deliver  them  to  the  Assessor  and  Col¬ 
lector.  The  warrant,  and  the  certified  copy  of  the  order  of  the  City, 
Council  attached  thereto,  shall  constitute  the  process  upon  which  the 
Assessor  and  Collector  shall  sell  the  delinquent  lots,  premises  and  real 
estate  described  therein,  and  they  may  be  sold  at  any  time  within  two 
years  after  the  approval  and  confirmation  cf  the  corrected  assessment 
lists  by  the  City  Council. 

Ibid.  Sec.  32.  The  Assessor  and  Collector  shall  then  sell  the 
delinquent  premises,  or  so  much  thereof  as  may  be  necessary  to  pay 
the  several  taxes  respectively  due  and  charged  thereon,  and  the  costs 
of  advertising  the  same  for  sale,  he  first  giving  notice  of  the  time  and 
place  of  sale,  by  publishing  an  advertisement  at  least  four  times  in 
the  newspaper  publishing  the  ordinances  of  the  city,  the  first  publica¬ 
tion  to  be  made  at  least  thirty  days  before  such  sale,  describing  in  such 
notice  the  delinquent  lots  or  premises,  by  figures  or  otherwise,  with  the 
name  of  the  owner  thereof,  if  known,  and  the  amount  of  the  several 
taxes  respectively  due  thereon,  as  fully  as  set  forth  in  the  warrant, 
*and  the  year  for  which  such  taxes  are  due,  and  the  cost  of  sale,  and 
stating  the  smallest  portion  of  the  delinquent  lot,  part  of  lot,  or 
premises,  to  be  taken  from  the  east  side  thereof,  will  be  sold  to  the 

*  There  is  no  power  to  sell  real  estate  for  non-payment  of  taxes,  save  upon  a  judgment  of  a  court  of 
•record.  See  Brown  rs.  City  cf  Joliet,  22  Ill.,  125. 


\Cn.vT:  2  1 


1ST  1 '  A  X  ESA 


person  who  will  take  the  same  and  pay  the  several  taxes  due  thereon, 
and  the  costs  of  advertising  the  same  for  sale.  The  notice  of  sain 
may  he  substantially  as  follows,  to-wit : 

CITY  TAX  SALE. 

City:  Assessor  and  Collector's  Office,.  V 
Champaign,  - ,  13 — .  f 

Kotice  is  hereby  given  that  the  undersigned,  in  pursuance  of  the- 
Warrant  for  the  collection  of  the  taxes,  and  the  order  of  the  City 

Council  of  the  City  of  Champaign,  passed  on  the  — - day  of  — - f 

A.  D.  18- — ,  will  on  the  — - day  of  — - —  next,  between  the  hours- 

of  ten  o’clock  a.  m.  and  six  o’clock  p.  m.,  at  — - — ,  in  this  city,  sell 

at  public  auction  the  smallest  portion  of  each  of  the  lots,  parts  of  lots^ 
real  estate  and  premises  hereinafter  described,  to  be  taken  from  thr- 
east  side  thereof,  to  the  person  who  will  take  the  same  and  pay  the 
several  sums  set  opposite  to  each,  being  the  taxes  levied,  assessed  and 
charged  thereon  by  the  City  Council  of  said  city,  for  the  several  pur¬ 
poses  named,  for  the  municipal  year  A.  D.  18 — ,  together  with  the  costs 
of  advertising  the  same  for  sale,  to-wit :  (here  describe  the  delinquent 
premises,  with  the  name  of  the  owner  thereof,  if  known,  and  the  sev¬ 
eral  taxes  respectively  due  thereon,,  as  fully  as  set  forth  in  the  warrant),. 

- cents  will  be  charged  upon  each  separate  lot,  or  tract,  as  the 

costs  of  advertising  the  same  for  sale. 

-  — - ,  City  Assessor  and  Collector. 

Ibid.  &-e G.  33.  All  proceedings  may  be,  stopped  at  any  time* 
before  sale  by  payment  of  the  amount  of  the  taxes  due  and  the  costs-, 
of  advertising. 

Ibid.  Sega  34.  The  Assessor  and  Collector  shall  sell  the  delin¬ 
quent  real  property  for  the  taxes  charged  against  the  same  and  due 
thereon,  at  his.  office,  or  at  such  other  public  place  in  the  city  as  may 
be  named  in  his  notice,  on  or  before  the  first  Monday  of  February  in 
each  year,  unless  the  City  Council,  by  order  or  resolution,  extend  the- 
time  of  such  sale. 

Division  IY.  —  Sale  of  Real  Property  for  Taxes. 

Ibid.  Sec.  35.  The  Assessor  and  Collector  shall,  on  the  day  of 
sale,  attend  at  the  place  of  sale  mentioned  in  his  notice,  and  shall,, 
between  the  hours  of  ten  o’clock  a.  m.  and  six  o’clock  p.  in.,  of  such 
day,  offer  for  sale  each  lot,  part  of  lot,  or  tract  of  real  estate,  so 
advertised,  for  sale,  upon  which  the  taxes  then  remained  due  and 
unpaid,  and  if  he  shall  fail  to  attend  such  sale,  unless  prevented  by 
sickness  or  other  unavoidable  cause,  in  which  case  the  City  Clerk  shall 
attend  such,  sale  and.  act  in  his  place,  he  shall  be  liable  to  pay  to  the 
city  the  full,  amount  of  the  taxes  due  upon  all  property  so  advertised 
for  sale,  with  all  the  costs  and  charges  thereon,  in  the  same  manner  as 
if  the  same  had  been  sold;  and  he  may  afterwards  collect  such  taxes 
and  costs,  and  may  re-ad vertise  and  sell  the  delinquent  real  property, 
bn  the.  manner,  herein  required  foi;  such  taxes  and  costs,  to  re-imburses 


Chap.  2L.. 


Taxes. 


T  Bo¬ 


th  e  amount  so  paid  by  him  ;  but  no  additional  cost  shall  be  made  at 
such  sale,  and  no  property  shall  be  struck  off  to  the  city,  nor  shall  the 
Assessor  and  Collector,  or  the  City  Clerk,  at  any  sale  for  the  taxes, 
either  for  himself  or  others,  bid  upon  or  purchase  any  lot  or  tract,  or  any 
part  thereof,  for  the  taxes  due  thereon,  under  a  penalty  of  not  less, 
than  twenty-five  dollars,  and  any  such  sale  shall  be  void. 

Ibid.  Sec.  36.  The  sale  shall  be  made  for  the  smallest  portion 
of  the  lot  or  tract,  to  be  taken  from  the  east  side  thereof,  to  the  person 
who  will  take  the  same,  and  pay  the  amount  of  taxes  charged  against 
and  due  upon  such  lot  or  tract,  and  the  costs  of  advertising  the  same 
for  sale.  The  purchaser  shall,  upon  the  lot  or  tract,  or  the  smallest 
part  thereof  bid  for,  being  struck  off  to  him,  pay  the  amount  of  the 
taxes  due  thereon,  and  if  he  shall  fail  to  do  so,  the  premises  shall 
again  be  offered  for  sale,  and  no  sale  shall  be  considered  as  completed 
until  payment  is  made.  The  person  so  forfeiting  shall  be  subject  to  a 
penalty  of  not  less  than  three  times  the  amount  of  the  taxes  due 
upon  the  property  bid  off  and  forfeited  by  him,  to  be  recovered  as  in 
other  cases.  The  sale  shall  be  continued  from  day  to  day,  until  all 
the  premises  advertised  are  sold. 

Ibid.  Sec.  37.  The  Assessor  and  Collector,  upon  the  receipt 
of  the  taxes  due,  shall  make  out  and  sign  duplicate  certificates  of 
purchase,  one  of  which  shall  be  delivered  to  the  purchaser  and  the 
other  shall  be  filed  with  the  City  Clerk.  The  certificate  shall  contain 
a  description  of  the  delinquent  premises  sold,  with  the  name  of  the 
owner  thereof,  if  known,  and  the  amount  of  the  several  taxes  due- 
thereon,  and  the  costs  for  which  the  same  was  sold,  the  part  sold,  with 
the  name  of  the  purchaser  thereof,  and  shall  state  the  payment  of  the 
taxes  due,  and  the  cost,  by  the  purchaser,  the  date  of  the  sale,  and  the 
time  when  the  right  of  redemption  will  expire,  and  may  be  substan¬ 
tially  as  follows,  to-wit : 

City  Assessor  and  Collector’s  Office,  f 
Champaign,  - ,  18 — .  \ 

This  certifies  that  at  a  sale  of  the  delinquent  real  property  within  the 
City  of  Champaign,  for  the  several  taxes  due  thereon,  for  the  municipal 

year  A.  D.,  18 — ,  held  at  - ,  in  said  city,  on  the  -  day  of 

- - ,  18 — , - purchased  the - of  the  following  described 

lot  (part  of  lot  or  real  estate),  being  the  smallest  part  thereof  bid  for, 
for  the  total  amount  of  the  several  taxes  and  the  costs  set  opposite 
thereto,  to-wit :  Name  of  owner,  description,  taxes,  costs,  total,  lot, 
block,  addition,  general  taxes,  lamp  tax,  which  said  taxes  and  costs 

the  said - has  this  day  paid  to  the  undersigned,  and  he  will  be 

entitled  to  a  deed  for - (and  describe  the  premises  sold), unless  the 

same  shall  be  redeemed  on  or  before  the - day  of  - ,  A.  I). 

18 —  (two  years  from  the  date  of  sale),  at  which  date  the  right  of 
redemption  will  expire. 


City  Assessor  and  Collector. 


fCiiAP.  24. 


186 


•  *'i> 

I  a  x  as* 


Ibid.  Sec.  38.  The  Assessor  and  Collector  shall,  without  delay., 
make  out  a  certified  list  of  all  the  sales  of  real  property  made  by  him 
for  the  taxes  due  thereon,  and  the  costs,  describing  the  delinquent 
premises  sold,  with  the  name  of  the  owner  thereof,  if  known,  and  the 
several  taxes  due  thereon,  for  which  the  same  were  sold,  and  the 
costs,  the  total  amount  of  the  taxes  and  costs,  the  name  of  the  pur¬ 
chaser,  and  the  date  of  the  sale  thereof,  and  shall  return  the  same, 
together  with  the  warrant  and  order  of  sale,  to  the  City  Council.  He 
shall  also  obtain,  attach  to  and  file  with  his  certified  list,  a  copy  of  the 
notice  of  sale,  with  the  proper  certificate  of  the  printer  or  publisher, 
that  such  notice  was  published  in  the  newspaper  publishing  the  ordi¬ 
nances  of  the  city  (naming  the  same)  at  least  four  times ;  that  the 

first  publication  was  made  on  the - day  of  - ,  18 —  (at  least 

thirty  days  prior  to  said  sale),  and  the  last  on  the - day  of  - - , 

18 — .  Upon  the  approval  of  such  return  by  the  City  Council,  the 
City  Clerk  shall  make  an  entry  thereof  upon  the  journals,  and  he 
shall,  without  delay,  record  such  certified  list  in  the  record  book,  for 
the  entry  of  tax  sales,  and  shall  file  and  preserve  the  original  in  his 
office. 

Ibid.  Sec.  39.  When  any  real  property  shall  be  redeemed,  the 
City  Clerk  shall  make  an  entry  thereof  upon  the  record  of  the  tax 
sales,  opposite  the  description  of  the  property  sold,  naming  the  person 
redeeming,  the  amount  paid,  and  the  date  thereof,  and  he  shall  make  a 
special  deposit  of  the  redemption  money,  if  paid  to  him,  with  the  City 
Treasurer,  taking  his  receipt  therefor,  and  giving  to  [the]  person 
redeeming  a  certificate  of  redemption,  signed  by  him,  under  the  corpo¬ 
rate  seal,  describing  the  premises  sold,  and  stating  to  whom  sold,  the 
amount  of  taxes  and  costs  sold  for,  and  the  amount  paid  to  redeem, 
including  taxes  subsequently  paid,  and  the  interest  thereon,  if  the 
same  have  been  paid  by  the  purchaser;  and  he  may  charge  and  receive 
a  fee  of  fifty  cents  for  each  certificate  of  redemption  issued  by  him,  to 
be  paid  by  the  person  redeeming. 

Ibid.  Sec.  40.  The  person  redeeming  shall  pay,  within  two  years 
after  the  date  of  the  sale,  to  the  purchaser  or  his  assignee,  or  to  the  City 
Clerk,  for  his  use,  double  the  amount  in  specie  of  the  taxes  and  costs 
for  which  the  premises  were  sold,  together  with  all  taxes  accruing  sub¬ 
sequent  to  the  sale,  and  paid  by  such  purchaser  or  his  assignee,  for  his 
use,  with  interest  upon  such  taxes,  at  the  rate  of  ten  per  cent,  per 
annum  from  the  date  of  payment  thereof.  But  any  infant,  lunatic, 
or  feme  covert  may  redeem  any  of  his  or  her  real  estate  sold  for  taxes 
due  thereon,  at  any  time  within  one  year  after  his  or  her  disability  is 
removed,  upon  the  terms  herein  specified;  or  the  guardian,  friend,  or 
other  person,  for  any  such  infant,  feme  covert ,  or  lunatic,  may,  at 
.any  time  before  his  or  her  disability  is  removed,  redeem  such  real 
estate  from  any  sale  for  the  taxes  due  thereon. 

1  bid.  Sec.  41.  If  any  real  property  (not  belonging  to  any  known 
infant,  feme  covert  or  lunatic),  shall  not  be  redeemed  within  two  years 
ftfter  the  date  of  the  sale  thereof,  for  the  taxes  due  thereon,  and  the 


Chap.  24. 


167 


T  AXP.S 


costs,  or  within  one  year  after  the  removal  of  the  disability  of  any 
known  infant,  feme  covert  or  lunatic,  owning  the  same,  the  City 
Council  shall,  upon  the  return  of  the  certificate  of  purchase,  or 
proof  of  its  loss,  order  a  deed  to  be  executed  to  the  purchaser,  or  his 
assignee,  under  the  corporate  seal,  signed  by  the  Mayor  or  the  presid¬ 
ing  officer  of  the  City  Council,  and  countersigned  by  the  City  Clerk, 
and  conveying  to  such  purchaser,  or  his  assignee,  the  premises  so  sold 
and  unredeemed.  But  hereafter  no  purchaser  of  any  land,  lot  or  real 
estate,  at  any  sale  thereof  for  taxes  due  to  the  city  thereon,  or  at  any 
sale  thereof  for  any  assessment  levied  for  any  purpose,  authorized  by 
law,  and  due  the  city  thereon,  shall  be  entitled  to  a  deed  for  any  land, 
lot  or  real  estate  so  purchased,  until  he  shall  comply  with  the  following 
conditions,  to-wit : 

Such  purchaser  or  his  assignee,  shall  serve,  or  cause  to  be  served, 
on  every  person  in  possession  of  such  lot,  land  or  real  estate,  at  leastr 
three  months  before  the  expiration  of  the  time  of  redemption  on  such 
sale,  a  written  notice  of  such  purchase,  in  which  he  shall  state  the 
time  when  he  purchased  such  lot,  land  or  real  estate,  with  a  description 
of  the  same,  and  the  time  when  the  right  of  redemption  will  expire. 
In  like  manner  he  shall  serve,  or  cause  to  be  served,  a  similar  written 
notice  upon  the  person  or  persons  in  whose  name  or  names  such  land, 
lot  or  real  estate  is  taxed,  or  listed  for  taxation,  if  such  person  or 
persons  shall  reside  in  the  count}?-  of  Champaign;  but  if  the  person 
in  whose  name  the  land,  lot  or  real  estate  is  taxed,  does  not  reside  in 
the  county  of  Champaign,  such  purchaser,  or  his  assignee,  shall  cause 
such  notice  to  be  given  by  publishing,  for  three  times  at  least,  an 
advertisement  in  some  newspaper  printed  and  published  at  the  City  of 
Champaign,  the  last  publication  to  be  made  not  less  than  three  months 
before  the  time  of  redemption  will  expire.  Every  such  purchaser,  or 
his  assignee,  by  himself  or  agent,  before  he  shall  be  entitled  to  receive 
a  deed,  shall  make  an  affidavit  of  his  having  complied  with  the  condi¬ 
tions  of  this  section,  stating  particularly  the  facts  relied  on  as  such 
compliance,  which  affidavit  shall  be  delivered  to  the  City  Clerk, 
■who  shall  enter  the  same  upon  the  records  of  deeds  for  tax  sales 
in  his  office,  and  he  shall  carefully  file  and  preserve  the  same  in  his 
office,  and  such  record  or  affidavit  shall  be  prima  facie  evidence  that 
such  notice  has  been  given.  Any  person  swearing  falsely  in  such 
affidavit  shall  be  deemed  guilty  of  perjury,  and  punished  accordingly. 
In  any  case  [where]  any  person  shall  be  compelled  to  publish  a  notice- 
in  a  newspaper,  as  herein  required,  then  before  any  person,  who  may 
have  a  right  to  redeem  such  land,  lot  or  real  estate  from  such  tax  sale, 
shall  be  permitted  to  redeem  the  same,  he  or  she  shall  pay  to  the' 
officer  or  person  authorized  by  law  to  receive  such  redemption  money, 
the  customary  printer’s  fee  for  publishing  such  notice,  and  the* 
expenses  of  swearing  or  affirming  to  the  affidavit  and  filing  the  same. 

Ibid.  Sec.  42.  The  City  Clerk  shall,  after  the  passage  of  the* 
order,  make  out  and  deliver  to  the  person  entitled  thereto,  upon  his- 
compliance  with  the  requirements  of  the  preceding  section,  a  deed 


'Chap.  24. 


Taxi’S-. 


188 


for  the  premises  sold,  conveying  the  same  to  him  in  behalf  of  the  city, 
and  he  shall  make  an  entry  in  the  record  of  tax  sales  of  deeds  so 
made  and  delivered  by  him,  describing  the  premises  conveyed,  the 
person  to  whom  conveyed,  and  the  date  of  the  deed. 

Division  Y.  —  Miscellaneous  Provisions. 

Idl'd.  Sec.  43.  The  Assessor  and  Collector  shall  have  power,  to 
levy  and  collect  any  taxes  which  may  remain  due  and  unpaid  after  his 
return  or  final  settlement,  at  any  time,  and  in  the  same  manner  as 
before  the  return  of  his  warrant.  If  any  person,  or  the  personal 
property  of  any  person  Who  shall  have  been  returned  delinquent, 
shall  be  afterwards  found,  he  shall  levy  and  collect  the  taxes  due  from 
such  person  or  property*  by  distress  or  suit,  as  in  other  cases. 

Ibid.  Sec.  44.  When  the  taxes  due  upon  the  same  property 
shall  be  more  than  once  paid  for  the  same  year,  by  different  persons* 
the  Assessor  and  Collector  shall  pay  all  such  surplus  taxes  into  the 
city  treasury,  and  shall  make  a  return  thereof  to  the  City  Council* 
with  the  names  of  the  persons  paying  the  same,  and  he  shall  also 
enter  the  names  of  the  persons  paying  the  same  opposite  to  the  descrip¬ 
tion  of  the  property  in  the  warrant. 

Ibid.  Sec.  45.  When  any  property  shall  be  double  assessed,  oi4 
assessed  for  taxation  when  not  subject  thereto,  and  the  taxes  so  erro¬ 
neously  assessed  have  been  paid,  the  City  Council  shall,  upon  applica¬ 
tion  being  made  by  the  proper  person,  and  satisfactory  evidence  of  the 
facts,  order  such  taxes,  and  the  costs,  if  any,  to  be  refunded  to  such 
person  ;  and  if  the  Assessor  and  Collector,  after  the  payment  of  the 
taxes  due  upon  any  property,  shall  erroneously  sell  such  property  for 
such  taxes,  he  shall  refund  to  the  purchaser  double  the  amount  of  the 
purchase  money. 

Ibid.  Sec.  46.  If  the  Assessor  and  Collector  shall  over-pay  into 
the  city  treasury,  the  City  Council  shall  order  the  amount  of  such 
over-payment  to  be  refunded  to  him. 

Ibid.  Sec.  47.  When  any  real  estate  not  subject  to  taxation,  of 

upon  which  the  taxes  due  have  been  paid  prior  to  the  sale,  shall  be 

sold  for  taxes,  the  City  Clerk  shall  make  an  entry  in  accordance  with 

*  * 

the  facts,  upon  the  record  of  tax  sales,  opposite  to  the  description  of 
the  property. 

Ibid.  Sec.  48.  No  sale  of  real  property  for  taxes  shall  be  invalid 
on  the  account  of  the  same  not  being  listed  and  assessed  in  the  name 
of  the  proper  owmer  thereof,  if  such  real  estate  shall  be,  in  other 
respects,  sufficiently  described,  and  the  taxes  thereon  were  due  and 
unpaid  at  the  time  of  the  sale  thereof ;  and  in  describing  any  property,  or 
stating  the  value  thereof,  and  the  amount  of  taxes  due  thereon,  figures 
and  the  usual  abbreviations  may  be  used  in  any  list,  warrant,  notice,  of 
other  proceeding,  in  relation  to  the  assessment  or  collection  of  taxes. 

Ibid.  Sec.  49.  In  all  cases  arising  in  the  assessment  of  property 
for  taxation,  or  the  collection  of  taxes  thereon,  not  herein  provided 
for,  the  laws  of  the  State  in  relation  thereto,  so  far  as  the  same  may 
be  applicable,  shall  be  pursued  and  adhered  to. 


'Oil  a  rs 


25-26. 


189  V  sLociPEDES — Wards 

CHAPTER  XXY. 

Velocipedes. 

AX  ORDINANCE  in  Relation  to  Velocipedes. 

1.  Velocipedes  Prohibited  from  Running  on  Sidewalks. 

Section  1 .  (July  24,  I860)  —  §  1.  Be  it  ordained  by  the  City 
Council  of  the  ( \ ity  of  Champaign ,  That  on  and  after  the  due  publi¬ 
cation  hereof,  no  person  shall  be  permitted  to  run  a  velocipede  over 
the  sidewalks  or  street  crossings  of  said  city.  Any  person  violating 
the  provisions  hereof  shall  be  lined  in  any  sum  not  less  than  three 
dollars. 


CHAPTER  XXVI. 

Wards. 

AN  ORDINANCE  Defining  the  Wards  of  the  City* 

IV.  Defines  Fifth  Ward. 

V.  Defines  Sixth  Ward. 

VI.  Defines  Seventh  Ward. 


I.  Defines  First  and  Second 
Ward. 

II.  Defines  Third  Ward. 

III.  Defines  Fourth  Ward. 


'  Section  1.  (Feb.  15,  1868)  — §  1.  Be  it  ordained  by  the  City 
Council  of  the  City  of  Champaign ,  That  the  First  Ward  of  said 
city  shall  consist  of  and  include  so  much  and  such  part  of  the  terri¬ 
tory  within  the  limits  of  said  city  as  lies  east  of  the  centre  of  the 
main  line  of  the  Illinois  Central  Railroad,  and  north  of  the  centre 
of  East  Park  street,  and  that  the  Second  Ward  of  said  city  shall 
consist  of  and  include  so  much  and  such  part  of  the  territory  within 
the  limits  of  the  City  of  Champaign  as  Ires  east  of  the  centre  of  the 
main  line  of  the  Illinois  Central  Railroad,  and  south  of  the  centre  of 
East  51  ain  street. 

Sec.  1.  (April  2,  1862)  —  §  2.  The  Third  Ward  shall  be 
bounded  as  follows  :  On  the  north,  commencing  at  a  point  in  the 
centre  of  said  railroad  track,  also  in  the  centre  of  East  and  West 
Main  street ;  thence  west  along  the  centre  of  West  Main  street,  to  the 
western  boundary  of  the  city;  on  the  wrnst  and  south  by  the  bounda- 
uries  of  the  city,  and  on  the  east  by  the  centre  of  said  railroad  track-, 
and  shall  be  called  the  “Third  Ward.” 

Sec.  1.  (Feb.  22,  1868) — -§  3.  That  the  Fourth  Ward  of  said, 
city  shall  consist  of  all  that  territory  lying  west  of  the  centre  of  the 
main  track  of  the  Illinois  Central  Railroad,  and  north  of  the  centre 
cf  North  street  and  Washington  street,  of  said  city. 


Chap.  26. 


W  ARC'S, 


190" 


Sec.  1.  (April  2,  1862)  — §  4.  The  Fifth  Ward  shall  include  all 
the  territory  of  the  city  south  of  the  centre  of  West  Church  and: 
Main  streets,  and  west  of  the  centre  of  said  railroad  tract*  and  north 
of  the  centre  of  West  Main  street,  and  east  of  the  western  boundary 
of  the  city,  and  shall  be  called  the  “  Fifth  Ward.” 

Sec.  1.  (Feb.  15,  1868)  —  §  5.  That  the  territory  lying  within 
the  limits  of  said  city  and  between  the  centre  line  of  East  Park  street 
and  the  centre  line  of  East  Main  street,  and  east  of  the  centre  of  the 
main  line  of  the  Illinois  Central  Railroad,  shall  constitute  and  be 
included  in,  and  is  hereby  made  and  declared  to  be  the  Sixth  Ward 
of  the  said  City  of  Champaign. 

Sec.  1.  (Feb.  22,  1868)  —  §  6.  All  that  territory  lying  and 
being  within  the  following  boundaries,  to-wit :  Commencing  at  the 
centre  of  the  main  line  of  the  Illinois  Central  Railroad,  running  west 
along  the  centre  of  Main  street,  to  centre  of  Neil  street;  thence 
north  to  centre  of  Church  street;  thence  west,  along  the  centre  of 
Church  street,  to  city  limits;  thence  north  to  centre  of  Washington 
street^  thence  east,  along  the  centre  of  Washington  street,  to  centre’ 
of  Neil  street;  thence  south  to  centre  of  North  street;  thence  east" 
to  centre  of  main  track  of  Illinois  Central  Railroad;  thence  south, 
along  centre  of  said  track  to  place  of  beginning  —  is  hereby  made* 
constituted  and  declared  to  be  a  new  ward,  to  be  called  and  known  as¬ 
dic  k<  Seventh  Ward  ”  of  said  City  of  Champaign. 


CERTIFICATE  of  Authentication. 


f  yj 


^CERTIFICATE  OF  AUTHENTICATION. 


ss. 


STATE  OF  ILLINOIS, 

City  of  Champaign. 

We,  the  undersigned,  Major  and  City  Clerk  of  the  City  of  Chains 
paign,  do  hereby  certify  that  the  foregoing  are  true  and  authentic 
-copies  of  the  original  charter  of  the  City  of  Champaign,  and  the  acts 
amendatory  thereof,  and  of  the  ordinances  of  said  city,  passed  by  the 
City  Council  of  said  city,  now  on  file  in  the  office  of  the  City  Clerk  ; 
and  that  the  same  were  revised,  printed  and  published  herein  by 
authority  of  the  City  Council  of  the  said  City  of  Champaign. 

(SEAX^In  testimony  whereof,  we  have  hereunto  set  our  hands,  and 
caused  the  corporate  seal  of  said  City  of  Champaign  to 
-be  affixed,  this  31st  day  of  January,  A.  D.  1872. 

JOSHUA  DICKERSON,  Mayor, 


J.  W.  Pollock,  Clerk. 


Off’ If  SR#  Of  Cirffv. 


f92 


OFFICERS  OF  THE  CITY  OF  CHAMPAIGN,  ILL* 


MAYOR, 

JOSHUA  DICKERSON. 


ALDERMEN, 

John  Graham,  1st  Ward. 
Levi  S.  Bullard,  2d,  M 
William  Nash,  3rd 
Patrick  Coffey,  4th 
Geo.  N.  White,  5th  “* 
Laban  Brazelton,  6th  “ 
Levi  Dodson,  7th  “ 
city  attorney, 

J.  S.  Jones. 


CLERK  AND  TREASURER, 

J.  W.  Pollock. 

ASSESSOR  AND  COLLECTOR* 

U.  Shivers. 

Marshal, 
jE.  T.  McCann. 

POLICE  MAGISTRATES* 

I.  II.  Hess, 

H.  Hopkins. 

SUPERVISOR* 

Tiios.  P.  Cady. 


I  IsT  ID  IE  X . 


Abatement— 

Of  Nuisance,  refusing  to.  penalty  for.. 


a 

U 

cost  of,  collected  how . . 

it 

u 

cost  of,  account  of  kept,  report  of. . 

It 

it 

in  scaffolds  and  other  erections,  how  pro¬ 
ceed  . 

a 

a 

assessments  for,  how  made,  form  of _ .... 

in  frame  buildings,  within  fire  limits,  how.. 

u 

Abetting — 

it 

Illegal  voting,  penalty  for . . . . 

Unlawful  acts,  penalty  for .  . . . 

The  hindering- or  resisting  of  an  officer,  penalty  for..... 

The  escape  of  parties  under  arrest,  penalty  for.. . 

Absent — 

Officer,  duties  of,  assigned  to  another,  how . . 

Accounts — 

Supervisor  shall  keep,  of  expenditures,  how . 

Of  implements,  Supervisor  shall  keep,  how . 

Supervisor  shall  examine  all,  in  his  department . . 

“  shall  keep,  of  cost  of  constructing  sidewalks, 

form  of . . . . 

Against  city,  how  presented . . . . 

“  “  audited,  how. . . . 

u  u  to  be  sworn  to,  when . 

And  expenditures  of  city,  how  kept..... . 

Acting  Mayor — 

Appointment  of,  powers  and  duties  of. . 

Action — 

Right  of,  under  ordinance,  not  lost  by  repeal  of. . . 

Of  Commissioners,  in  laying  out  streets,  etc.,  notice  of, 

form  of. . . . . . . 

To  be  brought  in  the  corporate  name . . . 

For  fines,  etc.,  to  be  in  debt . 

First  process  in,  to  be  summons . 

Former  rights  of,  to  be  prosecuted  by  the  corporation... 
Acts — 

Legal,  not  to  be  invalidated,  when . 

Additions — 

To  city,  how  made, . 

To  be  platted,  how . . . 

To  city,  how  made . 

Platting  and  approval  of. . 

Of  tracts  to  the  city,  how  made . . 

Platting,  lots  and  blocks  in . 

Must  conform  to  original  town . . 


Section .  Paget. 

1-2 

117-118 

12 

120 

13 

120 

21 

123 

22 

123 

6 

80 

22 

73 

5 

105 

40 

109 

41 

109 

7 

128 

39 

134 

39 

134 

40 

135 

10 

155 

1 

63 

1 

63 

1 

63 

10 

7 

8 

7 

9 

137 

7 

164 

12 

33 

12 

33 

13 

33 

17 

34 

22 

34 

3 

X 

6 

32 

12 

40 

12 

40 

l 

63 

1 

64 

1 

64 

194 


IVDEX. 


Additions — 

To  be  submitted  to  City  Council  for  approval . 

In  making  of,  violation  of  See.  1  of  ordinance  on,  pen¬ 
alty  for . . 

Affidavits — 

For  the  arrest  of  parties,  what  to  contain . 

In  commencing  suits  under  ordinances . 

Alarm — 

False  fire,  penalty  for . . 

Aldermen — 

The  number  of. . 

The  salary  and  fees  of. . 

The  term  of  office  of. . 

To  be  residents  of  their  wards . 

One-half  of,  to  be  elected  annually . 

No  quorum  of,  an  election  held,  how . . 

Removal  of,  from  his  ward,  vacates  the  office  of . 

Election  of,  tie  in,  how  proceed . 

Duties  of,  as  Fire  Wardens . 

Members  of,  Police  Department . 

May  make  arrests,  when . 

Alleys — (See  Streets  and  Alievs) — - 

Encroachments  on,  prosecutions  in,  penalty  for . 

Throwing  ashes  or  filth  into,  penalty  for . 

Encumbered  or  obstructed  by  merchandise,  penalty  for 
Alternates — 

Ofjud  ges  of  elections,  appointed,  how  and  when . 

Amendments — 

To  charter,  certificate  of  authenticity . 

To  charter,  publication  of  notices  generally . 

To  Sec.  2,  Art.  1  of  charter,  boundaries . . . 

To  charter,  Sec.  4,  A’t.  5,  bonds,  power  to  issue . 

To  charter,  Art.  6,  and  Sec.  3,  Art.  11,  labor  on  streets, 

and  notices  therefor . 

To  charter,  Sec.  11,  Art.  11,  publication  of  ordinances.. 
To  charter,  Sec.  19,  Art.  11,  ordinances  to  be  received 

as  evidence  in  courts,  when. . . . 

To  charter,  collector's  notice  of  sale,  publication  of. . 

To  charter,  Sec.  2,  Art.  7,  notice  for  opening  streets, 

publication  of. . 

To  charter,  Sec.  3.  Art.  7,  notice  of  commissioners  for 

opening  streets,  publication  of. . 

To  charter,  Sec.  5,  Art,  7,  notice  for  parties  to  appear 
and  make  elections  in  proceedings  for  opening  streets, 

publication  of . 

To  charter,  Sec.  6,  Art.  7,  notice  of  sale  in  opening 

streets,  how  given . 

To  charter,  Sec.  11,  Art.  7,  notice  therein  named,  how 

given . 

To  charter,  Sec.  13,  Art.  11,  summons  in  suits,  when... 
Amusements— (See  Exhibitions,  Shows,  &c.) — 

Keeping  place  of  open  on  Sunday,  penalty  for . 

Disturbing  the  peace  and  quiet  by,  on  Sunday,  penalty 

for .  . 

Animals — 

Not  to  run  at  large,  where,  when,  penalty  for . 

Marshal  to  impound  those  found  at  large,  when . 

Marshal  to  feed  when  impounded . , . 

Impounded,  Marshal  shall  sell,  when . . . . . 

[,  u  notice  of  sale  of,  how  given . 


Section.  Page. 

3 

64 

2 

64 

16 

142 

18 

41 

8 

105 

1 

2-127 

19-20 

131 

3 

3 

3 

3 

3 

3 

4 

o 

O 

4 

3 

18 

72 

26 

81 

1 

13.9 

7 

140 

47-48-49 

111 

54 

112 

56 

112 

2 

68 

43-44-191 

25 

42 

1 

43 

1 

36 

2 

36 

3 

37 

4 

37 

7 

38 

8 

38 

8 

38 

8 

38 

8 

38 

9 

39 

17 

41 

90 

18 

106 

19 

106 

1 

84 

2 

84 

2 

84 

3 

84 

o 

O 

84- 

InDKX. 


i9£ 


Animals — 

Impounding  of,  fees  of  officers  in . 

Abuse  of,  punished . . .  . . . 

Running  at  large,  restrained . 

u  “  “  power  of  council  in  restraining . 

Impounded,  money  for  sale  of,  to  be  paid  into  city 

treasury . , . 

Impounded, when  sold,  owners  of,,  how  to  proceed . 

“  sale  of,  officers  may  purchase,  when . 

Impounding  of,  officers  may  employ  assistance  in . 

“  of,  hindering  an  oflicer  in,  penalty  for . 

Impounded,  releasing  from,  penalty  fur . 

Pound  for,  how  provided . . . . . 

Impounding,  inticing  or  driving  within  city  limits  for, 

penalty  for . . 

Dangerous  and  mischievous,  at  large,  penalty  for . 

Impounding  of,  Marshal  or  Constable  neglecting,  pen¬ 
alty  for . 

Cows,  &c.,  not  to  be  at  large,  when,  penalty  for . 

Cruel  treatment  of,  penalty  for . 

Hitching  of  to  lamp  posts,  penalty  for . 

Dead,  permitted  to  lie  within  the  city,  penalty  for . 

u  removal  of,  a  nuisance,  when,  penalty  for . 

Annexation — (See  Additions)  — 

Of  lots  to  city,  when,  how . 

Appeals — 

By  the  city,  in  any  court,  how  taken . 

u  u  u  bond  in,  how  made  . 

From  order  of  Council  in  opening  streets,  how  taken, 

when . 

City  may  take,  when,  how . 

From  Police  Magistrate,  as  from  Justice  of  the  Peace., 
From  action  of  Council  in  laying  out  streets,  when 
taken . 


Ai  plication — (See  License) — 

For  license,  how  and  to  whom  made . 

u  u  to  sell  liquors,  how  made . 

11  u  u  u  u  Mayor  shall  grant,  when. 

11  u  u  u  u  applicants  to  file  bond.... 

u  u  for  the  benefit  of  another,  refused . 


Apparatus — 

For  Fire  Department,  provided  and  repaired,  how . 

11  u  u  not  to  be  removed  from  city  with¬ 
out  permission . . 

For  Fire  Department,  not  to  be  used  for  private  pur¬ 
poses,  penalty  for . 

For  Fire  Department,  injury  of,  penalty  for . 


Apportionment — 

Of  damages  and  benefits  in  opening  streets,  how  made, 


Appointments — 

Of  city  officers,  how  made . 

Failure  to  make,  when,  how  proceed . 

Of  commissioners  to  open  streets,  how  made . 

Of  guardian  for  infant-owner  of  land  to  be  taken  for 

streets  . 

Of  police  constables,  how . 

Of  watchmen,  how . . 

Of  night-watchmen,  when,  how . . . 

Of  commissioners  in  constructing  side-walks,  how . 


Section,  rage. 


4 

85 

U28 

4 

14 

1130 

4 

14 

1130 

4 

14 

5 

85 

5 

85 

6 

85 

7 

85 

7 

86 

8 

86 

2 

84 

9 

86 

10 

86 

11 

86 

13 

86 

21 

106 

26 

107 

5 

118 

6 

118 

21 

34 

29 

132 

29 

132 

16 

21 

22 

42 

6 

55 

23 

171 

1-2 

87 

17 

97 

18 

97 

24 

99 

26 

99 

2 

76 

7 

77 

8 

77 

15 

78 

10 

20 

2 

2 

4 

/  3 

4 

163 

24 

171 

2 

140 

3 

140 

13 

141 

11 

-12 

15fr 

196 


Appointed — 

Officers,  removal  of,  how  proceed . . . 

“  to  take  an  oath,  when..... . 

Appropriations — 

Of  funds  for  improvements  of  streets,  when,  how  made.. 

Of  land  for  streets,  &e.,  how  made,  (See  Streets) . 

For  city  purposes,  &c.,  limit  of. . . . 

Approval — 

Of  Council,  of  collectors’  returns  of  tax  sales . . . . 

Arrest — 

On  civil  process,  prohibited  at  elections . 

Of  parties  at  fires,  when  made . . . . 

Of  parties  without  process,  when  made . 

By  supervisors  without  process,  when . . . .. 

Of  parties  on  warrants,  how  made . 

Legal,  without  warrant,  no  process  needed . . . 

Parties  may  give  bail,  when  in . . . 

Officers  making,  to  attend  trial  as  witnesses . . 

Of  minor  by  liquor  dealer,  when  may  be  made...  . 

Releasing  parties  from,  penalty  for . 

Officers  in  making  may  call  assistance,  when . ... 

Without  process,  when  may  be  made . .. 

Generally  how  made,  proceedings  in . 

Without  warrant,  proceedings  in . . . 

Ashes — 

Depositing  of,  how  regulated . 

Thrown  into  streets  or  alleys,  &c.,  penalty  for . 

How  deposited,  penalty  in . . ... . ,.4k 

Assault — 

Making  an,  penalty  for _ .4 . . . 

Assemblies — 


Disorderly,  suppression  of. . . . . . 

Assistance — 

In  impounding  cattle  may  be  employed,  when . . . 

Assessments — 

For  taxes  cn  property  not  subject  to,  how  proceed . . 

u  u  to  be  governed  by  laws  of  the  State.,. . 

“  improvements,  collected  how .  . . . 

“  opening  and  laying  out  streets,  &c.,  how  made . . 

u  u  streets,  of  damage  and  benefits,  how  made 

Lists  of,  for  taxes,  power  of  Council  in . . . 

u  u  form  of,  prescribed  by  Council, . 

u  11  to  be  returned,  when . 

“  11  u  objections  to,  to  be  heard  by  Council, 

when . . . . . . . . . . . . 

Lists  of,  for  taxes,  corrected,  &c.,  by  Council,  how  proceed 

To  be  a  lien  upon  property,  when . . . . . 

For  construction  of  sidewalks,  sale  of  premises  for,  how- 

made  . . . . . . . . . . 

For  opening  and  laying  out  streets,  &c.,  proceedings  in 
“  u  streets,  &c.,  when  buildings  are  on  land  to 

be  taken  for,  how  proceed . . . . . . . 

For  opening  streets,  &c.,  notice  of  commissioners  in, 

form  of . . . . . . . . . . 

Of  benefits  and  damages  in  opening  streets,  &c.,  how 

made . . . 

For  opening  streets,  &c.,  damage  greater  than  benefits, 

how  proceed. . . 

For  opening  streets,  &c.,  benefits  greater  than  damages, 
how  proceed . * . . 


InDe'Xa 

Section. 

i* 

Page * 

14-15 

130 

16 

130 

43 

135 

2 

19 

ifi  4 

11 

38 

186 

5 

5 

13 

78 

7 

140 

12 

141 

16 

142 

17 

140 

18 

143 

19 

143 

9 

96 

41 

109 

42 

110 

23 

34 

17*— 18 

41 

19 

41 

P  2 

30 

54 

112 

20 

80 

2 

104 

Pi  4 

14 

7 

85 

46-47 

188 

49 

188 

31 

52 

7 

20 

8 

20 

1 

25 

1 

25 

2 

25 

2 

25 

3 

25 

4 

25 

20 

160 

5-6-7 

164 

6-7 

164 

7 

164-5 

9 

165 

10 

166 

10 

166 

ASSESSM  ENTS — 

For  opening  streets,  when  land  and  buildings  are  owned 

by  different  parties,  how  proceed . 

For  opening  streets,  &c.,  lease  or  mortgage  on  land  to 

be  taken,  how  proceed . v . . . 

For  opening  streets,  &c.,  order  of  Council  levying,  form  of 
u  ix  “  collection  of^  warrant  for, how  to 

issue,  form  of... . 

11  11  collection  of,  proceedings  in..... 

11  u  “  due  and  payable  when, lieu  when, 

For  taxes,  how  made . >. . . 

Of  property  for  taxes,  generally  how  made . 

u  u  u  “  when  made . . . 

For  taxes,  parties  agrieve  1  may  object  to,  how . . 

u  when  objected  to,  proceedings  in . 

u  list  of.  returned  and  corrected  by  Council, 

when,  ofder  of,  form  of. . . . 

li  when  double,  how  proceed . . . 

For  abating  nuisances — (See  Nuisances)  . . 

“  “  u  collection  of. . 

u  ■  collected  as  other  taxes . 

“  u  u  collected  by  suit,  how  proceed . 

City  attorney  to  examine,  when . . . . •. 

Assessor  and  Collector — (See  Assessor) — 

Assessor  and  Collector — (See  Collector) — 

Assessor — 


Fees  and  salary  of . . . . . 

To  list  property  for  taxation,  how . 

u  u  personal  property  for  taxes,  how . 

To  value  property  for  taxes,  how . . . . . 

How  to  proceed  when  owners  of  property  are  sick  or 

absent . . . 

How  to  proceed  when  owners  of  property  cannot  be 

found... . 

How  to  proceed  when  owner  of  property  gives  a  false  list 
’l  “  u  u  “  refuse  to  list.... 

u  u  personal  property  not  listed  by  owner 

“  11  he  finds  property  not  listed  the  year 

before . . . , . 

When  list  completed,  returned  to  Council,  how,  form  of, 

oath  in,  form  of . . . . . . . . . . 

Shall  correct  lists  before  returning  to  Council . . 

On  return  of,  clerk  to  give  notice  how,  form  of . 

To  attend  meeting  of  Council  when  objections  are  made 

to  his  assessment  lists . 

His  duties  in  general . .  . . 

His  powers  same  as  county  assessor . . . 

Attorney— 

City,  duties  of  in  general . . . . . 

To'furwsh  written  opinions,  to  whom,  when . , . 

City,  may  be  city  clerk,  when . . 

“  to  report  to  Mayor  j udgments  against  liquor  dealers, 

wh  i,  penalty  for  neglecting . . 

City,  to  report  to  Council  the  disposition  of  city  suits  in 

Circuit  Court,  when..., . . . •. . . 

City,  shall  examine  fee-bills  of  Circuit  Courts,  &c . 

in  absence  of,  may  appoint  another . 

u  to  file  statements  in  suits  before  police  courts,  when 

11  shall  not  prosecute  vexatious  suits,  when . . 

shall  procure  judgments  against  premises  for  non 
payment  of  side-walk  assessments,  wrhen . . . . 


Section. 

Page. 

11 

166 

11 

166 

15 

168 

16 

1G8-9 

17 

169 

18 

17(1 

1 

174 

2-3-4H5 

175 

4 

175 

13 

177 

14 

178 

16 

178 

45 

188 

22-23 

123 

24 

124 

25 

124 

26-27-28 

124 

28 

152 

21 

131 

1 

174 

2 

175 

3 

175 

5 

175 

6 

173 

7-8 

173 

8 

173 

9 

175 

19 

176 

11 

177 

11 

177 

12 

177 

15 

178 

15 

8 

15 

8 

11 

7-8 

11 

7-8 

li 

7-8 

24 

99 

30 

132 

30 

132 

31 

132 

15 

142 

21 

143 

18 

159 

LCJS 


Attorney — 

City,  in  procuring  judgments  against  premises  for  non¬ 
payment  of  sidewalk  assessments,  how  proceed . 

City,  salary  of. . 

“  who  shall  be,  duty  of  in'  general. . ,. 

u  shall  advise  the  City  Council,  &c.,  when . 

u  u  examine  tax  warrants,  &c.,  when., . 

u  “  prosecute  all  city  suits,  when,  his  duty  in . 

u  u  shall  report  when  necessary  to  take  appeals.. 

Auctioneer — 

Making  sales  without  license,  penalty  for. . . . 

License  of,  price  of. . 

To  give  bond  to  Mayor,  when . . 

Auditing — 

Of  accounts  against  city,  kowT . . 

Authentication — 

Certificate  of,  to  original  charter . . 

“  “  1st  amendment  to  charter . 

u  u  2nd  “  il  u 

a  11  to  ordinances  and  charter . . 

Bail — 

Parties  when  arrested  may  give,  when,  hown . 

Upon  continuance  of  trial,  when  required . 

Parties  arrested  may  give,  how . 

Ball  and  Chain — 

Prisoners  shall  wear,  when . 

Ball  Alleys — 

Operating  of,  without  license,  penalty  for . . . 

License  for,  price  of. . . 

Permitting  minors  to  play  upon,  penalty  for...., . 

Ballot  Box — 

How  made  and  how  used,. . . . 

Before  using  at  elections,  how  proceed . 

Carrying  away  of  at  elections,  penalty  for . 

Destroying  of  at  elections,  elections  void,  when . 

Ballots — 

For  elections,  description  of. . ...... . . 

How  used  by  electors . 

Duty  of  judges  of  election  in  receiving . 

Of  electors,  rejected,  how  proceed, . . 

Bawdy  House — 

Keeping  or  frequenting  of,  penalty  for..-,,. . 

Parties  permitting  house  to  be  used  for,  penalty  for . 

Benefits — 

For  laying  side-wralks — (See  Side-walks) . 

Benefits  and  Damages — 

For  opening  and  laying  out  streets — (See  Streets . 

Begging — 

Restrained,  how . 

Billiard  Tables — 

License  for,  price  of. . . . . . . . 

Operating  of,  without  license,  penalty  for . 

Permitting  minors  to  play  upon,  penalty  for . 

Saloon  of,  to  be  closed,  when,  penalty  in . 

Rooms  of,  open  on  Sunday,  penalty  for . . 

Bills — 

Posting  of  on  private  premises  prohibited,  penalty  for.,. 


Inde^, 


Section. 

Page 

19 

160 

17 

130 

28 

132. 

28 

132 

28 

132 

29 

132 

29 

132 

9 

89 

10 

89 

a 

89 

1 

63 

35 

43 

44 

/ 

191 

18 

41 

19 

41 

18 

146 

23 

144 

12 

90 

13 

90 

14 

90 

8 

69 

8 

69 

25-26 

Y3 

26 

73 

10 

70 

10 

70 

10 

70 

9-10 

70 

16 

106 

16 

106 

^29  4 

14 

13 

90 

12 

90 

14 

90 

6 

95 

18 

106 

29 

107 

INDEX. 


TO 


Blanks — 

For  election  registry  purposes,  how  procuied . 

Board  of  Registry — 

How  composed,  first  meeting  of,  duties  at . 

Second  meeting  of,  duties  at . 

General  duties  of — (See  Elections) . 

Bonds — 

Of  city  officers,  when  required.,  how  executed . 

11  u  limit  of  by  City  Council,  what . 

11  u  beyond  limit  of  Council,  how  issued . 

u  u  interest  upon,  how  paid .  51[1 

11  11  for  hospital,  hall,  markets,  &c.,  when  issued . 

Same . . 

Of  auctioneers,  amount  of. . 

Of  wagoners  aud  draymen,  &c.,  amount  of... . . 

Of  retailers  of  liquors,  when  given,  how  taken . 

4i  u  to  be  approved  by  City  Council . 

Of  applicant  for  license  to  sell  liquors,  to  file,  when . 

Of  city  officers,  conditions  of. . . 

“  u  11  to  be  examined  by  city  attorney... . 

In  all  city  matters  examined  bv  city  attorney,  when . 

Of  city,  in  appeals,  how  executed . . 

Of  watchmen  and  police  constables,  how  executed . 

Of  parties  arrested,  conditions  of. . . 

Of  city,  for  sewers,  how  issued . . 

11  u  11  u  interest  upon,  how  paid . 

u  u  u  u  tax  for  payment  of,  how  levied . 

u  11  u  u  name  of . - . 

11  u  u  “  sale  of,  proceeds  of,  how  applied . 

11  u  11  u  payment  of,  collection  of,  tax  for 

Boiling — 

Soap,  regulations  of  to  prevent  fire,  penalty  in . 

Pitch,  &e.,  regulations  of,  penalty  in.... . . . 

Boisterous  Conduct — 

On  premises  of  liquor  dealers,  penalty  for... . 

Boundaries — 

Of  city,  limits  of,  defined . . . . . . 

u  “  amended.. . 

Power  of  City  Council  in  establishing — . 

Of  fire  limits,  defined . . . . . . 

Of  lamp  districts,  No.  1,  defined . . 

Of  lots  and  blocks,  found  and  established,  how . . . 

Of  sewer  district,  No.  1,  defined .  ■ . . . . . 

Of  wards — (See  Wards) . . . 

Books— 

Of  city  officers,  inspected,  when,  how . ... . . 

Obscene,  selling  of,  penalty  for . 

Boys — 

Disturbing  the  peace  in  the  night  time,  penalty  for . .. 

Loitering  about  the  streets  in  the  night  time,  penalty  for 

Flying  kites,  rolling  hoops,  &c.,  penalty  for . 

Exploding  fire-crackers,  &c.,  penalty  for . 

Throwing  stones,  climbing  trees,  &c.,  penalty  for . . . 

Meddling  with  city  property,  penalty  for . 

,  Climbing  into  wagons,  penalty  for.. . . . 

Encouraging  unlawful  acts,  penalty  for . . . 

Or  other  persons  idling  about  R.  R.  depots,  penalty  for. 

M  u  u  interfering  with  R  R.  employees  about 

depots,  penalty  for. . . 


Section.  Page. 


93 

51 

79 

45 

82 

48 

17 

9 

3 

11 

3 

11 

4 

11 

3 

11 

5 

37 

11 

89 

27 

92 

o 

D 

95 

3 

95 

21 

98 

2 

127 

O 

u 

127 

28 

132 

29 

132 

4 

140 

18 

143 

2 

148 

2 

148 

3-4 

149 

2 

148 

3 

149 

4 

149 

20 

80 

22 

80 

11 

96 

2 

1 

1 

43 

4 

32 

1 

81 

1 

101 

35 

133 

14 

151 

189-190 

6 

128 

11 

105 

68 

114 

68 

114 

69 

114 

69 

114 

70 

114 

70 

114 

71 

114 

72 

115 

74 

115 

75 

ns 

Index,. 


Section.  Page.. 

Bread — 

Power  of  Council  to  regulate  weight  of. . .  ^[25  4  14 

Breweries — 

Power  of  Council  to  regulate . • . . . . . .  ^[35  4  15, 

Breaking —  "  _ 

Or  forcing  open  pound,  penalty  for..,,,... . ... . ........  g  §6, 

Bridges  —  _  _ _ 

City  Council  to  control . . . .  <j[7  4.  12. 

And  culverts,  &c.„  when,  and  how  constructed.. . 44  135, 

Bricks — 

Power  of  Council  to.  regulate  size  of... .  ^ 25  4  14 

Butchers — 

License  for,  may  be  required . . . . .  ^[19  4  13, 

Buckets — 

For  use  of  fire  department*  how  provided . . .  ^[4  2  39, 

Buildings — 

On  land  to  be  appropriated  for  streets* &c.,  how  proceed  4-5  19 

Sale  of  in  opening  streets,  &c.,  how  proceed™. . . .  6  20 

Owners  of,  not  the  owners  of  land  to  be  taken  for  streets, 

&c.,  how  proceed . . 9  29 

Dilapidated,  declared  a  nuisance,  when .  1  29 

To  be  torn  down  at  fires,  when . 10  yy 

Frame,  prohibited  within  fire  limits . 2  82 

Roofing  of,  within  lire  limits,  material  of . . . 3  g2 

Frame,  not  to  be  enlarged  or  removed  within  fire  limits, 

when . . .  4  g2 

Incumbering  streets  in  the  erection  of,  Mayor  to  give 

permit  in,  penalty  in . 44  HO 

Removing  of,  in  streets,  Mayor  to  give  permit  in,  pen¬ 
alty  in . . . . . ».  45  110 

Declared  to  be  a  nuisance,  wheu,  how .  14-15  121 

“  u  u  duty  of  Mayor  in . . .  16  121 

u  u  11  to  be  torn  down,  when,  how.  16  121 

Torn  down  as  a  nuisance,,  cost  of,,  how  collected .  17  122. 

In  danger  of  falling,,  a  nuisance,,  when . . . 19  122 

Declared  to  be  a  nuisance,  refusal  of  owners  to  remove, 

penalty  for . - . .  — .  18  122 

In  danger  of  falling,  duty  of  Mayor  in,  proceedings  in...  20  122 

Or  construction  of  sidewalks — (See  Sidewalks).. . . 

Upon  land  to  be  taken  Tor  streets,  &c.,  proceedings  in...  6-7  164 

“  “  u  u  “  u  owner  of  to  elect 

upon  the  award  of  the  commissioners . . —  8  165- 

Upon  land  to  be  taken  for  streets,  &c.,  to-  be  sold,  when, 

how,  notice  of. . 8  165- 

Business — 

Keeping  open  place  of  on  Sunday*  penalty  for . 20  106 


Card  Playing — • 

Power  in  Council  to  suppress — (See  Gaming)... . 

Cattle — (See  Horses  and  other  Animals),  also  (Animals). . 


Canvassing — 

Of  votes  at  elections,  how  proceed . 13  71 

Duty  of  clerk  of  elections  in . 14  71 

Of  election  returns  by  City  •Council,  when,  duty  of  city 

clerk  in . . . 17  72 

Cars,  R  ailroad — - 

Climbing  upon  when  in  motion,  penalty  for .  76  llo 

Rate  of  speed  within  c'itv,  regulation  of. . « . . .  1  14& 


20  r 


Section.  Page. 

Cellars — 

Doors  of,  left  open  in  the  night  time,  penalty  for .  35  108 

Windows  of,  secured  how,  penalty  in . .  50  112 

Cemeteries— 

Injury  to  the  property  of,  penalty  for .  23  107 

Defacing  tombstones  in,  penalty  for..  — . . .  23  107 

Census — 

City  Council  to  provide  for  taking  of. .  ^[37  4  15 

Certificate— 

Of  authenticity  to  charter.. . . . .  35 

Of  authenticity  to  1st  amendment  to  charter.. .  43 

Of  authenticity  to  2nd  amendment  to  charter . .  44 

Of  authenticity  to  charter  and  ordinances .  191 

Of  purchase  at  tax  sales,  bow  given,  form  of. .  37  185 

Of  printer,  of  publication  of  notice  of  tax  sale .  38  186 

Cesspool — 

Draining  of,  into  sewer  prohibited,  penalty  for............  11  151 

Charter — 

Certificate  of  authentication  of. .  35 

Amendment  of,  authentication  of .  43 

Second  amendment  of,  authentication  of. . . .  44 

Authentication  of,  by  city  authorities .  191 

Original,  1861 . . . . . .  1-35 

First  amendment  of,  1865 . . .  36-43 

Second  amendment,  (boundaries),  1869.... . .  43 

Challenge — 

Of  votes,  proceedings  in... . 74  45 

Of  votes,  receiving  of  after,  penalty  for . . .  ....  75  46 

Charges — 

Against  city  officers,  for  what  may  be  presented .  1 0—1 5  129 

Against  city  officers,  how  presented,  proceedings  in .  *\\  10-1 5  129 

Against  city  officers,  duty  of  council  in .  f  10-15  129 

Against  city  officers,  trial  on,  proceedings  in .  10-15  129 

Against  city  officers,  to  be  suspended,  when . 13  130 

Chimneys — 

Burning  out  of,  how  may  be  done,  penalty  in .  24  80 

Chief  of  Police — 

Marshal  to  be,  the  powers  and  duties  of. . 6  140 

Cisterns — 

Lying  open,  penalty  for . 35  10S 

Cities  and  Towns — *• 

Warrants  of,  Chap.  107 . . . .  . .  53 

City  Aldermen — (See  Aldermeh) — 

City  Assessor — (See  Assessor) — 

City  Attorney — (See  Attorney) — 

City  Charter— (See  Charter) — 

City  Clerk — 

To  keep  the  corporate  seal .  10  7 

Duties  of.  generally..... .  10  7 

To  keep  records  of  City  Council .  10  7 

Shall  certify  papers  on  file  in  his  office  .  10  7 

Shall  draw  and  countersign  warrants  on  city  treasury...  10  7 

Shall  keep  account  of  receipts  and  expenditures  of  city.  10  7 

Shall  sign  commissions  of  city  officers,  when .  3  127 

Shall  adjust  the  accounts  and  claims  of  city  officers .  5  128 

Duties  of,  in  cases  of  contested  elections .  27  73 

Shall  keep  a  register  of  members  of  fire  companies .  24  80 

Shall  issue  licenses,  when . .  2  88 

Shall  countersign  licenses,  when . 3  88 

2£ 


’202 


IXDKX.1 


Section.  Page . 

City  Clerk — 

Shall  keep  a  register  of  licenses  issued .  6  88 

Shall  pay  license  money  into  treasury,  when .  6  88 

Fee  of,  for  issuing  license. .  6  88 

Shall  write  No.  of  wagon,  on  the  license  for .  28  92 

Shall  give  notice  of  elections,  how .  1  68 

Shall  provide  each  ward  with  ballot-box,  when .  8  69 

Shall  provide  poll-lists,  form  of. .  9  69 

Shall  notify  Mayor  and  Aldermen  of  election  returns _  17  72 

In  canvassing  election  returns,  duty  of. .  17  72 

Shall  give  city  officers  notice  of  their  election,  how .  19  72 

Fees  and  salary  of. . .  23-25  131 

Shall  return  plat  to  engineer,  when .  36  134 

Shall  keep  a  record  of  ordinances,  how .  12  138 

Shall  file  original  ordinances  in  his  office .  13  138 

Shall  issue  license  to  retailers  of  liquors,  when .  19  98 

Shall  approve  bond  of  applicant  for  liquor  license .  21  98 

Shall  publish  notice  of  the  order  of  the  Council  in  laying 

side-walks,  form  of. .  4  153 

Shall  give  order  of  Council  in  laying  side-walks  to  city 

supervisors,  when .  5  154 

Shall  issue  warrants  for  the  collection  of  benefits  in 

laying  side-walks,  form  of. . 14  158 

Shall  deliver  warrant  for  collection  of  side-walk  benefits 

to  collector,  when .  15  159 

Shall  give  notice  for  objections  to  report  of  commission¬ 
ers  in  opening  streets.  &c.,  how .  13  167 

Shall  draw  warrants  for  the  collection  of  assessments 

for  opening  streets,  Ac-.,  form  of. .  16  168 

Duty  of,  in  collecting  assessments  in  opening  streets, &c  17  169 

Notice  of,  to  tax-payers  for  objections  to  the  return  of 

the  assessor,  form  of .  12  177 

Shall  draw  warrant  for  the  collection  of  taxes,  when, 

how,  form  of. .  18-19  179 

Shall  take  receipt  from  the  collecto',  when .  21  180 

Duty  of,  when  error  in  tax  assessments .  26  181 

Shall  give  order  of  Council  of  sale  for  taxes  to  collector, 

how .  31  183 

Shall  not  bid  at  tax  sale .  35  184 

Shall  make  deed  to  purchaser  at  tax  sale,  when .  42  187 

Shall  affix  the  corporate  seal,  when .  2  147 

Petitions  for  sewers  to  be  filed  in  office  of .  12  151 

Shall  draw  warrant  for  collection  of  assessments  for 

abating  nuisances,  when . 23  123 

City  Corporation — 

Name  of. .  1  1 

Creation  and  powers  of .  1  1 

May  sue,  when  and  how .  16  41 

May  sue  for  more  than  one  offence  at  the  same  time .  16  41 

Shall  not  pay  costs,  when .  21  42 

Selling  liquors  outside  of  limits  of,  a  nuisance,  when —  30  100 

Shall  not  purchase  at  tax  sale .  35  184 

Sea!  of,  described . . .  1  147 

Seal  of,  to  be  affixed,  when .  2  147 

City  Council — 

General  powers  of,  (See  Art.  5,  of  charter.. . , .  /  10 

May  change  and  create  new  wards,  when .  5  2 

The  organization  of  the .  1  2 

May  regulate  elections .  2  4 

Mayor  shall  preside  at  meetings  of,,., . 2  6- 


2  (Ti 


City  Council — 

Members  of,  to  be  fire  wardens . 

Members  of,  exempt  from  street  labor . . 

Proceedings  of,  bow  kept . 

May  prescribe  the  duties  of  city  officers . 

May  require  bond  and  securities  from  officer . 

What  constitutes  the . 

Meetings  of  the,  how  determined . 

Quorum  of  the,  what  is . . . 

Compensation  of,  how  provided . . . 

Membeis  of,  to  hold  no  other  office,  when . 

Meetings  of,  number  of. . 

Shall  be  judges  of  the  election  and  qualifications  of  their 

own  members,  when . 

Shall  control  the  finances  of  the  city. . 

May  borrow  money,  when . 

Shall  issue  bonds,  whpn . 

Shall  provide  for  the  expenses  of  the  ciiy  . 

Shall  provide  for  Quarantine  measures . 

Shall  provide  for  the  protection  of  the  general  health... 

Shall  provide  for  water  works . 

Shall  control  streets  aid  alleys . 

Shall  cortrol  bridges,  side  walks,  &c . 

Shall  provide  for  lighting  streets . 

Shall  provide  for  city  markets . 

Shall  provide  for  public  grounds,  &c . 

Shall  establish  hospitals . 

Shall  prevent  encumbering  the  streets,  &c . 

Snail  grant  licenses . 

Shall  control  hackmen  and  draymen,  &c . 

Shall  control  billiard  tables  and  tippling  houses . 

Shall  control  licenses . 

Shall  control  the  sale  of  liquors . 

Shall  prevent  forestalling . 

Shall  regulate  the  provision  market . . . 

Shall  regulate  butchers . 

Shall  regulate  weights  and  measures . . 

Shall  regulate  the  sale  of  lumber . 

Shall  regulate  the  sale  of  hay,  lime  and  fuel . 

Shall  regulate  the  sale  of  beef,  pork,  &c . 

Shall  regulate  the  weight  of  bread . 

Shall  regulate  the  size  of  brick . 

Shall  regulate  the  city  police . 

Shall  suppress  riots . . . 

Shall  prevent  horse-racing,  &c . 

Shall  punish  vagrancy . 

Shall  regulate  the  running  at  large  of  horses  and  other 

animals . . . . 

Shall  prevent  rolling  hoops,  &c . 

Shall  abate  nuisances . 

Shall  promote  the  general  health . . . 

Shall  cleanse  the  city . . . 

Shall  regulate  breweries,  packing  houses,  &c . 

Shall  regulate  cemeteries .  . 

Shall  provide  for  taking  the  census . 

Shall  erect  work  houses,  power  therein . 

Shall  provide  for  education . . . 

Shall  fill  up  drains,  &c . 

Shall  direct  the  laving  of  railroad  tracks,  <Src. . 


Section.  Page . 


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In  ntx. 


City  Council — 

Ordinances,  may  pass,  amend,  revise,  &c.,  their  power 

therein . 

Shall  make  improvements  in  the  city,  power  therein . 

Shall  provide  markets,  hospitals,  &c.,  how . 

Shall  purchase  lire  apparatus,  power  therein . 

Shall  make  re-survey  of  additions,  &c.,  when . 

Shall  direct  the  numbering  of  lots  and  blocks,  when . 

Shall  approve  plats  of  additions,  when . 

Not  liable  for  defects  in  side-walks,  &c.,  when . 

May  remit  lines,  &c.,  when,  how . . 

Shall  prescribe  the  form  of  process,  power  therein . 

Rules  governing  the  deliberations  of . 

Plats  of  additions  must  be  approved  by  . 

Shall  appoint  judges  of  elections,  when,  how . . 

Shall  appoint  alternate  judges  of  elections,  when,  how... 

Shall  canvass  election  returns,  how,  when . 

Shall  order  elections,  when,  how . . . . 

May  increase  or  diminish  salary  of  officers,  when . 

Officers  to  report  to,  of  amount  of  fees  received,  when... 

City  attorney  to  advise  with,  when .  . . 

Shall  authorize  appeals  to  be  taken,  when,  how . . 

Shall  authorize  retaining  of  additional  legal  counsel, when 

Shall  direct  the  work  of  the  city  engineer,  when . 

Shall  authorize  the  repairing  of  streets,  when . 

Supervisors  shall  make  returns  of  street  expenditures 

to,  yvhen . 

Supervisors  shall  obey  all  orders  of. . 

Shall  make  appropriations  for  repairing  streets,  when... 

Shall  hear  contested  election  cases,  when . 

Election  of  Mayor  contested,  proceedings  of,  in . 

Shall  provide  fire  engines,  <fcc. . 

May  revoke  licenses,  when . . . 

May  consent  to  transfer  of  license,  when . 

To  approve  bond  of  liquor  dealer,  when . 

Duty  of,  when  nuisance  reported  on  premises... . 

Proceedings  of,  when  nuisance  is  reported  on  lots  or 

premises . . 

To  pass  ordinances  declaring  premises  a  nuisance, when 

Proceedings  of,  where  building  is  in  danger  by  fire . 

To  make  assessments  for  abating  nuisances,  when,  form  of 

May  require  bond  of  city  officers . 

Shall  inspect  the  books  and  records  of  city  officers, when 
May  withhold  salary  of  officer  to  pay  damage  caused  by 

his  negligence . . . . . . 

Duty  of,  when  charges  are  preferred  against  an  officer, 

(See  Section  15)  . . . . 

Shall  fill  vacancies  in  office,  when . . . 

May  remove  appointed  officer,  when,  how . . 

May  remit  penalties  for  violation  of  liquor  ordinances, 

when . 

May  create  new  lamp  districts,  when . 

Shall  have  exclusive  control  of  lighting  streets . 

Shall  provide  for  the  erection  of  lamp  posts  and  laying 
gas  pipes . . 

Shall  estimate  cost  of  lighting  streets,  how,  when _ ..  ... 

Shall  levy  tax  for  lighting  streets,  how,  when . 

Shall  estimate  the  cost  of  erecting  lamp  posts,  how, when 
Sha.il  levy  lax  for  the  erection  of  lamp  posts,  how,  when 


Section. 

Page. 

2  4 

16 

5 

37 

5  : 

37 

6 

38 

11 

40 

11 

40 

12 

40 

13 

40 

20 

42 

24 

42 

56-60 

3 

64 

2 

68 

2 

68 

17 

72 

26 

73 

26 

131 

27 

132 

28 

132 

29 

132 

31 

132 

32 

133 

38 

134 

41 

135 

42 

135 

43 

135 

27 

73 

28 

74 

2 

76 

4 

88 

5 

88 

3 

95 

9 

119 

10 

120 

10 

120 

15 

121 

22 

123 

2 

127 

6 

128 

9 

129 

10 

129 

13 

130 

10-15 

129-130 

25 

99 

2 

101 

3 

101 

3-4 

101 

5 

102 

6 

102 

7 

1 02 

8 

102 

ixt>£x. 


City  Council  — 

Sii  1 1  levy  tax  for  lighting  streets  and  lamp  posts,  how, 

when.... . 

M  iv  permit  earth  to  he  taken  lrotn  streets,  when . 

Duty  of,  when  there  is  an  error  in  tax  collector’s  warrant 

Haw  proceed  when  tax  warrant  returned  unsatisfied . 

Order  uf,  for  sale  of  prew  i.ses  for  taxes,  form  of,  (See  Note) 

T  >  approve  collector’s  sales  for  taxes,  when... . . 

Order  of,  upon  return  of  commissioners  in  laying  out 

streets,  k c.,  form  of. . . . . 

Order  of,  in  levying  assessments  in  laying  out  streets, 

dice.,  form  of. . . . . 

Duty  of,  in  c  dlecting  assessment;  for  opening  streets, &c. 

M  ty  remove  commissioners  for  opening  streets,  &c . 

Action  of,  in  laying  out  streets,  &c.,  appeal  from... . . 

■Shall  determine  amount  to  be  paid  in  lieu  of  street  labor 
Shall  hear  objections  to  assessments  for  taxes,  when, 

how  proceed  in . . . . 

Shall  revise  and  confirm  assessment  lists,  when,  form  of, 

Shall  levy  taxes,  how,  when . . . 

May  appoint  police  constables,  when . . 

May  appoint  watchmen,  when . .  . 

May  order  the  laying  of  side-walk,  when,  form  of . 

May  order  the  re-laying  of  side-walk,  when,  form  of _ _ 

To  approve  the  report  of  supervisors  wheti  walk" not  built 

To  order  supervisors  to  lay  walk,  when,  form  of. . . 

To  approve  supervisor’s  return  of  costs  in  laying  side-walk 
Shall  appoint  commissioners  to  assess  side-walk  benefits, 

when,  how . . . . . . . . 

Order  of,  in  collecting  benefits  for  laying  side-walks, 

form  of . . . . . ... . . 

Order  of,  in  applying  for  judgment  against  premises  for 

non-payment  of  side-walk  benefits,  form  of. . . 

Proceedings  of,  in  laying  out  streets,  <fcc.,  order  in,  form  of 
In  laying  out  streets,  &c.,  to  give  notice,  when,  form  of.. 
In  laying  out  streets,  &c.,  to  elect  commissioners,  when, 

how,  their  duties . ..  . . . . 

Shall  direct  the  sale  of  land  to  be  taken  for  opening 

streets,  &e.,  how . . . . . . . 

City  Collector — (See  Collector) — 

City  Engineer — (See  Engineer) — 

City  Elections — (See  Elections) — 

Time  of  holding  of. . . . . . . 

City  Hall — 

Council  may  levy  tax  for  construction  of,  when . 

Erection  of,  power  of  Council  in . . . . 

City  Marshal — (See  Marshal) — 

City  Officers — (See  Officers) — 

Names  of . . . . . . . 

City  Surveyor — -(See  Engineer) — 

City  Treasurer— (See  Treasurer) — 

City  Time — 

What  is  the,  who  to  be  governed  bv  — . . . . . 

Clerk — (See  City  Clerk) — 

Of  elections  shall  keep  poll  lists,  how . 

Of  elections  shall  compare  poll  lists,  when . 

Of  elections,  duty  of,  in  canvassing  votes  at . 

Of  elections  shall  make  election  returns,  form  or . 

Of  elections’,  how  chosen  for . . . 

Of  elections,  who  mar  not  be  chosen  for  . . . 


205 


, Section ,  Page. 


9  103 
53  112 
26  181 
30  182 
30  182-183 
38  186 

14  168 


15 

168 

17 

169 

19 

170 

23 

171 

1 

171 

14 

178 

16 

178 

17 

178 

2 

140 

3 

140 

3 

153 

3 

153 

y 

155 

s 

155 

11 

156 

11 

158 

13 

157 

18 

159 

1 

163 

3 

163 

3 

163 

8 

165 

1 

68 

5 

37 

5 

37 

.191 

1 

95. 

9 

70 

13 

7  ft 

14 

71 

15 

71 

4 

68 

J 

fiP 

t 96  Index, 


Section.  Page* 

Clerk — (See  City  Clerk) — - 

Of  elections  shall  take  oath,  form  of. . . . 5  69 

Of  elections,  who  may  administer  oath  to. .  5  69 

Clerks  of  Registration — 

Appointed,  how . . 88  59 

The  duties  of. . 86  49 

Climbing — 

Lamp  posts,  penalty  for . 26  107 

Ornamental  and  shade  trees,  boys,,  penalty  for . 79  114 

Coals,  Live — 

Not  to  be  carried,  where,,  when,  penalty  for. . . ..  19  89 

Collector — 

Duties  of,  defined . „ . . . . . 8 

Notice  ot  sale  by,  for  taxes,  how  given .  9  27 

Shall  pay  money  collected  into  the  treasury,  when _ ...  7  26 

Certificates  of  sale  made  by,  when,  how - - 19  27 

Of  benefits  for  laying  side-walks,  how  proceed,  order  of 

City  Council  in,  form  of. . . 13  157 

Same . ... . . . .  16-17  159 

Collecting  tines  against  railroads,  how  proceed.... .  4  147 

Of  sewerage  tax,  how  proceed . 4  149 

Of  assessments  for  opening  streets,  how  made,  warrant 

in,  form  of.. . . 16  168 

Of  assessinents  for  opening  streets,  &c.,  proceedings  of...  17  169 

Of  taxes,  proceedings  in . 18  179 

Of  taxes,  warrant  for,  what  to  contain . 18  179 

Upon  receiving  warrant  for  collection  ol  taxes,  how 

proceed . 22  189 

Ot  taxes,  shall  give  notice  to  tax-payers,  ho.w,  when .  22  189 

Of  assessments  for  improvements,  how  proceed .  31  52 

Of  assessments  for  abating  nuisances,  how  proceed .  24  124 

Ol  license  money,  commission  for . 8  89 

Of  taxes,  may  distrain,  when,  how,  (See  Note) .  23  180-1 

In  selling  personal  property  for  taxes,  to  give  notice,  how  24  181 

In  selling  property  for  taxes,  fees  in.... . 24  181 

When  tax  received  by,  to  mark  paid,  where .  25'  181 

Finding  error  in  tax  warrant,  how  proceed . 26  181 

Shall  return  tax  warrant,  when,  form  of. .  28  182 

Statement  of,  of  delinquent  tax-payers,  when  made .  29  182 

To  sell  real  property  for  taxes,  when,  (See  Note,) .  32-34  183—4 

To  stop  rhe  sale  of  property  for  taxes,  when .  33  184 

In  selling  property  for  taxes,  how  proceed .  35  184 

Shall  not  bid  at  tax  sale.......... . 35  184 

Shall  give  certificate  of  purchase  at  tax  sale, when, form  of  37  185 

Shall  return  list  of  property  sold  at  tax  sale  to  Council, 
with  certificate  of  printer  of  publication  of  notice  of, 

when . 38  186 

May  collect  tax  after  return  of  warrant,  haw .  43  188 

Over  paying  tax  into  the  treasury,,  how  proceed. .  46  188 

Selling  property  for  taxes  not  subject  to,  how  proceed...  47  188 

Of  taxes,  governed  by  the  State  laws  in .  49  188 

Fees  and  salary  of. . . . 31  131 

Co MLUSTIBI. E  M A T ER1AL - 

Careless  handling  of,  penalty  for . 17  79 

Accumulation  of,  prohibited,  penalty  in.... .  18  78 

Scattering  of,  near  buildings  prohibited,  penalty  in .  25  89 

Storing  of,  permitted,  when,  how,  penalty  in . . .  1  64 

To  be  kept  in  one  place,  when,  how, . . . 1—3  65 

What  articles  are . 1—2—3  65 

Cron  powder,  bow  kept,  penalty  in... . 3  65 


lxntx. 


201 


Combustible  Material — 

Moving  of,  when  done,  how,  penalty  in . 

Commissioners — 

For  assessing  benefits  in  laying  side-walks,  appointed, 

how,  order  of. . . . % 

In  laying  side-walks,  to  give  notice  of  meeting  of,  how.. 
In  laying  side-walks,  report  of,  of  assessment  in,  form  of 
In  laying  side- walks,  report  of,  of  assessments  in,  appro¬ 
val  of . . . . . . 

In  laying  out  streets,  &c.,  election  of,  duties  of.  — . . 

In  laying  out  streets,  &e.,  meetings  of,  notice  of,  their 

proceedings . . . 

In  laying  out  streets,  &c.,  where  building  is  upon  land 

to  be  taken  for,  how  proceed . . . . . . . . 

In  laying  oat  streets,  &c.,  to  give  notice  of  their  actions, 

when,  how,  form  of. . . . . . . . . 

In  laying  out  streets,  &e.,  to  assess  benefits,  and  dama¬ 
ges,  how . . . . . . . . 

In  laving  out  streets,  &c.,  when  benefits  exceed  dama- 

g°s,  bow  proceed . 

In  laying  out  streets,  &e.,  when  damages  exceed  benefits* 

how  proceed . . 

In  laying  out  streets,  &c,  when  land  to  be  taken  for,  and 
the  buildings  thereon  are  owned  by  different  parties, 

how  proceed . . . . . . . . 

In  laying  out  streets,  &<•.,  when  land  to  be  taken  for,  is 

mortgaged  or  leased,  how  proceed . . . 

In  laying  out  streets,  to  make  returns  to  Council,  when, 

form  of . . . . . . . . 

In  laying  out  streets,  return  of  in,  meeting  of  Council  to 

hear  objections  to,  how  given,  form  of. . * . . . . 

In  laying  out  streets,  &c.,  return  of  iti,  objected  to,  pro¬ 
ceedings  in . . . . . „ . „ . . . . 

In  laying  oat  streets,  &c  return  of  in,  confirmed  by  Coun¬ 
cil,  when,  form  of. . . 

In  laying  out  streets,  &c.,  return  of  in,  annulled,  pro¬ 
ceedings  in . . . . . . . . . 

In  laying  out  streets,  &c.,  may  be  removed,  when . 

In  laying  out  streets,  &c.,  shall  make  city  deed  to  land 

taken  for . . . 

In  laying  out  streets,  &c.,  general  duties  and  powers  of.. 

In  laying  out  streets,  <fcc.,  proceedings  of. . 

In  laying  out  streets,  &c.,  shall  make  deed,  when.... . 

Committee  — 

0,n  police,  shall  appoint  night  watch,  when. . . . 

On  streets  and  alleys,  may  borrow  money,  when . 

On  streets  and  alleys,  shall  prescribe  the  construction  of 

sewers,  when . . 

Committed — 

For  non-payment  of  fines,  proceedings  in . 

For  non-payment  of  fines,  discharged  from,  when . . 

Company — 

Fir  ,  members  off  government  off . . . . 

Fire,  how  organized . 

Fire,  duty  of,  r.t  fires . . . 

Fire,  members  of,  exempt  from  street  labor,  how . 

Fire,  names  of  members  of,  reported  to  Mayor,  when . 

Fire,  names  of  members  of,  clerk  to  keep  register  of. . 

Condition — 

Required  ofpurchasers  at  tax  sale  before  deed  will  be  made 


faction. 

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2 

65 

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12 

1 56 

13 

157 

13 

157 

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163 

5 

164 

6-7 

164 

7 

164 

9 

165 

10 

165 

10 

166 

11 

166 

11 

16  € 

12 

16& 

13 

167 

13 

167 

14 

168 

14 

168 

19 

170 

25 

171 

9 

39 

9 

39 

10 

39 

13 

141 

2 

148 

6 

149 

22 

143 

25 

144 

3 

76 

6 

76 

7 

77 

9 

77 

9 

77 

9 

77 

41 

1  ST 

/ 


2(T8 


Section .  Page. 

Of  band  of  city  officers . . . 2  127 

Conduct — 

Disorderly,,  penalty  for . 3  104 

Confirmation — 

Of  assessment  lists,  order  of  Council  in,  form  of... . 16  176 

Conflict — 

Of  ordinances,  construction  of...... .  . . .  2  136 

Constable — (See  Police  Department) — • 

Marshal  may  be,  when . 13  8 

At  elections,  duty  of. .  78  46 

To  notify  parties  to  abate  nuisance,  when .  1  117 

Duties  of,,  in  ail  nuisance  proceedings.... . . .  117 

Fees  of,  in  impounding  animals.. .  4  85- 

May  close  houses  of  liquor  dealers,  when . . . 13  97 

Shall  report  judgments  against  liquor  dealers  to  Mayor 

wffien,  penalty  in . . . . . . . —  24  99- 

To  enforce  ordinances  on  liquor  selling .  14  97 

Member  of  police  department,  wffien .  1  13t> 

Appointed,  how . . . 2  140- 

To  take  oath  of  office,  w  hen .  4  140 

To  execute  bond,  when. .  4  140 

Shall  have  station,  when,  attendance  at . 6  140 

Shall  have  power  to  serve  process,  when. .  9  141 

Shall  have  summons  delivered  to,  to  serve, v\  hen,  penalty  m  10-11  141 

Fees  of. . . . 29  145 

Conservators — 

Ot  the  peace,  who  are... . . . . .. . . . . .  9  7 

Construction — 

Of  sewers . , . . .  1  148 

Of  sewers,  proceedings  by  Comminee  on  Streets  in .  6  149 

Of  lateral  sewers,  how..... . 7—8  150 

Of  ordinances  when  they  conflict,  how .  2  185 

Of  the  word  “  court  ” . 3  137 

Of  the  word  ‘‘  person  ”  or  “  persons  ” . 5  137 

Of  the  word  “  month  . 6  137 

Of  the  word  oatli  r„ . . . 6  137 

Of  the  word  u  sworn". . 6  187 

Oi  the  words  “  reasonable  notice  ” . 11  1H8 

Ol  the  words  “  reasonable  time”..... .  11  138 

Rides  of,  how  applied . 8  137 

Of  Sec.  5,  of  ordinance  on  misdemeanors .  77  116 

Of  side-walks,  proceedings  in .  1  152 

Of  street  crossings,  proceedings  in. . . . 1  152 

Contested — 

Elections,  proceedings  in. . . . 27  73 

Elections,  duty  of  city  clerk  it  . , . . . . .  27  73 

Elections,  City  Council  to  hear,  when . .  27  73 

Elections,  of  the  Mayor,  how  proceed . ...  28  74 

Contempt — 

For  refusing  to  testify,  when,  penalty  in . 78  116 

Conviction — • 

Ot  licensed  liquor  dealer  of  violation  of  liquor  ordinance,. 

penally  for......... . . ...... . . . . .  25  99 

Copartners— 

Shall  not  take  out  license  to  sell  liquors,  when .  29  109 

Copies. — 

Of  registrv  lists,used  and  disposed  of,  how.. . . 80  47 

Of  registry  lists,  publication  of,  how . . .  80  47 

Corner — 

Or  line,,  change  or  removal  of,  penalty  for,,,,,,,,,,,...,,..,,,  52  112 


Index. 


209 


Corrections — 

Of  registry  lists,  how  made.. . . 

Costs— 

in  suits,  not  to  be  taxed  against  city,  when . 

Jn  suits,  instituted  vexatiously,  how  paid . 

Of  constructing  sewers,  how  paid . 

Of  repairing  sewers,  how  collected . . 

in  suits,  city  not  to  pay,  when . . 

Bond  for,  city  not  toVive,  when . 

Of  re-laying  side-walk,  report  of,  to  Council,  when . 

Of  laying  side-walk,  account  of,  to  be  kept,  how,  report 

of,  torin  of . 

Of  abating  nuisances,  how  collected . 

Of  abating  nuisances,  account  of,  to  be  kept,  when . 

Of  tearing  down  buildings  declared  a  nuisance,  how 

collected . 

For  constructing  sewers,  how  paid . 

Counsel — 

Accused  officers  on  trial,  shall  have,  when . 

Court — ■ 

What  construed  to  be . . . 

Magistrate  refusing  to  hold,  penalty  for . 

Cows— 

To  be  impounded,  when . , . 

Crossings — 

Street,  throwing  or  kindling  fire  upon,  penalty  for . 

Street,  obstructing  of,  penalty  for . 

Street,  how  constructed . . . 

Street,  running  velocipedes  upon,  penalty  for . 

Street,  the  construction  of. . 

Cruelty — 

To  animals,  penalty  for . . 

Culverts — 

Injury  to,  penalty  for .  . . . 

When  and  how  constructed . 


Damages — 

In  opening  streets  and  alleys,  to  be  paid,  when . 

Parties  receiving,  in  streets,  to  be  paid  by  private  persons, 
when . . . . . 


Dangerous — 

Dogs,  not  to  run  at  large,  when . . . 

Animals  at  large,  penalty  for . 

And  dilapidated  buildings  declared  a  nuisance,  when... 
Dead — 

Burial  of,  regulations  of. . 

Animals,  permitted  to  lie  in  the  city,  penalties  for . 

Animals,  a  nuisance  in  removing  of,  when,  penalty  for.. 
Deed — 

For  premises  at  tax  sales,  when  given . 

Made  assignee  of  certificate  of  tax  sale,  when . 

Tax,  what  to  contain . 

Of  commissioners  for  opening  streets,  Ac.,  when  made.. 

Of  land  taken  for  streets,  Ac.,  how  given . 

Condition  required  of  purchaser  at  tax  sale,  before 

giving  of.... . . 

To  purchasers  at  tax  sales,  when  made . 

Dkrt — 

Of  city,  interest  upon,  tax  for,  how  levied . 


/ 


Section. 

Page. 

83 

48 

20 

143 

*21 

148 

5 

149 

9 

150 

21 

4  2 

22 

42 

2 

153 

10 

155 

12 

120 

13 

120 

17 

122 

1 

148 

11 

129 

<) 

O 

137 

30 

145 

13 

86 

66 

114 

70 

114 

44 

135 

1 

189 

1 

152 

21 

106 

51 

111 

44 

185 

13 

21 

58 

112 

2 

66 

IS 

86 

14-15 

121 

6  4 

15 

.  5 

118 

6 

1 18 

12 

28 

12-13 

28 

14 

28 

10 

39 

25 

171 

1 1 

12. 

in 

187 

3  1.1 

IT 

2 1 0 


Debt — 

Action  of,  to  be  brought  for  violations  of  ordinances . 

Defaulter — 

Cannot  hold  office  in  city . . . . . . , 

Officer,  not  to  be  paid,  when  . . . 

Defacing — 

Tombstones  and  cemetery  property,  penalty  for.*... . 

Deposit —  ✓ 

Of  ashes,  how  regulated,  penalty  in . . . ■. . . 

Depots — 

Persons  idling  about,  penalty  for . . . . 

Destitute — ■ 

Children,  the  education  of,  how  provided  for . 

Disease — 

To  prevent,  places  to  be  kept  cleansed,  Ac . . . . 

In  meats,  sale  of,  penalty  for . .  . . . 

Digests — 

Of  charter  and  ordinances,  when  made . 

Discharge — ■ 

Pi  dsoners  entitled  to,  when . . . . 

Of  lire  arms  in  the  city,  penalty  for . 

Same. .  . 

Disorderly — - 

Conduct,  penalty  for . . . . . 

Districts —  , 

Lamp,  tax  in . . . 

Lamp,  No.  1,  boundary  of. . 

Lamp,  new  created,  how . 

Lamp,  erection  of  lamp  posts  in,  how  provided  for . 

Lamp,  tax  in,  for  lighting  streets,  how  levied . 

Lamp,  tax  in,  for  providing  lamp  posts,  how  levied . . 

Sewer,  tax  in,  for  sewers,  how  levied . 

Sewer,  bonds  of,  issued  when,  how.  a . 

Sewer,  bonds  of,  how  payable,  tax  for  . 

Sewer,  No.  1,  boundaries  of,  defined . 

Disturbance — 

Of  the  peace  at  elections,  penalty  for . . 

Of  the  peaen,  assemblages  for,  penalty  for . 

Of  the  peace,  upon  one’s  own  premises,  penalty  for . 

Of  religious  worship,  penalty  for . 

Of  the  quiet,  on  Sunday,  by  amusements,  penalty  for... 

In  the  night  time,  by  boys,  penalty  for . 

By  noise,  making  of,  penalty  for . 

Distraining — 

Property  for  taxes,  how,  (See  Note) . 

Dogs — 

Running  of,  at  large,  prohibited  how . . . 

Urging  to  fight,  penalty  for... . 

Dangerous,  not  to  run  at  large,  penalty  for  permitting.. 
Not  permitted  to  run  at  large,  when,  duty  of  Mayor  in.. 

To  be  killed  by  poLce  officer,  when . . . . 

Interfering  with  Marshal,  Ac.,  in  killing  of,  penalty  for.. 
Drains— 

From  private  premises  into  sewer,  how  constructed . . 

From  private  premises  into  sewer,  without  permit,  pen¬ 
alty  for . . . , . 

Drays  and  Draymen,  Ac — 

Using,  or  being  without  license,  penalty  for . 

License  for,  price  of. . . . .  . 

License  for,  parties  taking  out,  to  execute  bond . 


1  nPeX\ 


'Section. 

Page * 

12 

33 

fcr  4 

1 

4 

1 

128 

23 

107 

20 

80 

74 

115 

p9  4 

10 

p4  4 

15 

•)  — 

O  i 

109 

24 

34 

25 

144 

108 

79 

110 

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104 

Ifd  1 

18 

I 

101 

2 

101 

3-4 

101 

0 

102 

8 

102 

1 

148 

2 

148 

3-4 

149 

14 

151 

20 

72 

1 

104 

4 

104 

0 

105 

19 

100 

08 

114 

71 

114 

23 

180-1 

W  4 

14 

1 

05 

2 

00 

4 

00 

4 

00 

5 

00 

7 

150 

10 

150 

24 

91 

25 

92 

■27 

92 

f  VtlK.V. 


Section.  l\ujc. 

Drays  and  Draymen — 

To  bo  numbered,  when . .  2S  92 

Foes  for  services  of,  to  be  charged  in  city,  amount  of....  29  92 

Riotous  conduct  of,  penalty  for .  20  92 

Refusing  to  carry  goods,  penalty  for .  21  92 

Occupying  stands  without  consent  of  owner  of,  penalty  for  22  92 

Shall  have  stand  designated  how,  penalty  in . 22  92 

Shall  keep  a  copy  of  28th  Sec.  of  license  ordinance .  21  92 

Dress — 

Of  opposite  sex,  appearing  in,  penalty  for .  10  105 

Drinking — 

Saloons,  to  be  closed  when,  penalty  in. .  (>  95 

Education — ■ 

Of  destitute  children,  how  provided  for .  ^[29  4  16 

Election — 

Of  city  officers,  general  power  in .  1  2 

Of  city  officers,  failure  in .  4  2 

Of  city  officers,  to  fill  vacancy  in,  when  held. . . .  6  2 

Of  city  officers,  tie  in,  how  proceed . ,...  8  4 

Of  city  officers,  qualifications  of  electors  in .  7  4 

Of  city  officers,  time  of.  holding  of .  1  4 

Of  city  officers,  notice  of  how  given .  1  4 

Of  city  officers,  judges  in,  oath  of .  2  4—5 

Of  city  officers,  shall  not  be  held  at  grog  shop .  4  5 

Of  city  officers,  illegal  voting  at,  how  punished .  5  5 

Of  city  officers,  privilege  from  arrest  at,  when .  5  5 

Of  aldermen,  City  Council  judge  of,  when .  2  11 

For  or  against  issuing  bonds,  when  held .  3  11 

State  laws  on .  45 

Residence  under,  what  constitutes .  72-74  45 

State  laws  on,  violation  of,  penally  for . .  72  45 

Oath  of  witness,  for  voter  at,  form  of. .  72—74  45-46 

Penalties  against  judges  of,  when . 75  46 

Perjury  of  witnesses  or  voter  at,  penalty  for .  76  4(1 

Special  and  general,  laws  governing .  77  46 

Liquors  sold  at,  penalty  for .  78  46 

Duty  of  officer  at .  78  46 

Board  of  registry  of,  duty  of. .  79  46 

Board  of  registrv,  how  constituted . 79  46 

Who  may  be  registered  for .  79  46 

Registrv  lists  of,  how  arranged .  WO  47 

Registry  lists,  copies  of,  and  disposition  of  by  the  board  80  4  7 

Registrv,  lists  of,  posted  when,  removing  of,  penalty  for  80  47 

New  districts  of,  how  proceed .  81  48 

Registry,  board  of,  second  meeting  of,  time  in  session...  82  48 

Registrv,  lists  of,  correction  of,  how  made .  82  48 

Proof  of  non-registered  voter  at,  how  made .  84  48 

Parties  not,  registered  for,  how  proceed .  M  48 

Registry,  lists  of,  completed,  how  proceed .  85  49 

Non -registered  voter  at,  affidavit  of. .  85  49 

Dutv  of  registry  clerks  of. . 86  49 

False  statement  of  voter  at,  penalty  for .  86  50 

Registry,  lists  of,  after  canvass,  how  disposed  of. .  87  50 

Clerks  of  registry  of,  appointment  of. .  88  50 

Registry,  lists  of,  to  lie  open  to  public  inspection .  89  50 

Registry,  eleik  and  judges  of,  compensation  of. .  90  50 

Registry,  board  of,  meetings  of,  preserving  order  at .  91  n0 

Double  registration  for,  penalty  for .  92  .>0 

Falsi*  swearing  at  registrv  for,  is  perjury .  92  •>() 


I XI)  EX. 


212 


Erection — 

Registry,  blanks  of,  how  procured . 

For  city  purposes,  time  of  holding  of. . 

For  city  purposes,  city  clerk  to  give  notice  of,  how . 

For  city  purposes,  special,  how  held . 

For  city  purposes,  judges  of,  appointed  when,  how . 

For  city  purposes,  judges  of,  clerk  to  certify  appoint¬ 
ment  of . . . 

For  city  purposes,  judges  of,  refusal  to  act,  how  proceed 
For  city  purposes,  judges  of,  majority  of,  not  attending, 

how  proceed . . 

For  city  purposes,  clerk  of,  how  chosen,  who  may  not  be 
For  city  purposes,  judges  and  clerk  of,  to  take  oath  when, 

form  of . 

For  city  purposes,  judges  of,  sick,  how  proceed . 

For  city  purposes,  polls  for,  open  and  close  at  what  time. 

For  city  purposes,  polls  for,  open,  proclamation  of. . 

For  city  purposes,  ballot-box  at,  how  made  and  used _ 

For  city  purposes,  poll-lists  of,  how  provided,  form  of... 

For  city  purposes,  clerk  of,  to  keep  poll-lists,  how . 

For  city  purposes,  voting  at,  to  be  by  ballot . 

For  city  purposes,  voting  at,  proceedings  in  generally... 

For  city  purposes,  votes  at,  rejected,  how  proceed . 

For  city  purposes,  who  can  vote  at . 

For  city  purposes,  votes  at,  oath  of,  form  of . 

For  city  purposes,  clerks  of,  to  copy  poll-lists  of,  when... 

For  city  purposes,  votes  at,  canvass  of,  how  proceed . 

For  city  purposes,  votes  at,  canvass  of,  duty  of  clerk  of, in 
For  city  purposes,  canvass  of  returns  of,  how  made,  form  of 
For  city  purposes,  returns  of,  made  to  city  clerk,  how... 

For  city  purposes,  City  Council  to  canvass,  when . 

For  city  purposes,  City  Council  to  canvass,  duty  of  city 

clerk  in . . .  . . . 

Of  Mayor,  tie  in,  how  proceed . 

Of  aldermen,  tie  in.  how  proceed . 

Of  officers,  notice  of,  how  given... . . 

Order  at,  how  pre-erved . 

Illegal  voting  at,  penalty  for . 

Abetting  illegal  voting  at,  penalty  for . . . . 

Judges  of,  refusing  legal  vote,  penalty  for . 

Judges  of,  receiving  illegal  vote  at,  penalty  for . 

Ballot-box  of,  carrying  away  of,  penalty  for . 

Ballot-box  of,  destruction  of,  voids  elections,  when . 

Contested,  proceedings  in . 

Contested,  City  Council  to  hear,  when . 

Of  Mayor,  contested,  how  proceed... . • 

Contested,  in  trial  of,  witnesses  how  obtained . 

Encumbering— 

Streets,  builders  to,  must  have  permit  of  Mayor . 

Streets  and  side-walks,  penalty  for . 

Encroaching — 

Upon  streets,  &c.,  penalty  for,  proceedings  in . 

Upon  streets,  &c.,  not  to  be  repaired,  penalty  for . 

Engines — 

Fire,  provided  how . 

Fire,  care  of,  how  provided  for . 

Fire,  purchase  of,  how  made . 

Fire,  purchase  of,  tax  for,  how  levied . . . 

Fire,  and  companies,  how  procured  and  organized . 

Eng  inker — 

Fire,  appointment  of . . . . 


Section . 

Pcuje* 

98 

51 

1 

68 

1 

68 

1 

68 

2 

68 

2 

68 

8 

68 

8 

68 

4 

68 

5 

68 

6 

69 

7 

69 

7 

69 

8 

69 

9 

69 

9 

70 

10 

70 

10 

70 

9-10 

70 

11 

70 

12 

70 

18 

70 

18 

70-71 

14 

71 

15 

71 

lf> 

71 

17 

72 

17 

72 

18 

72 

18 

72 

19 

72 

20 

72 

21 

78 

22 

73 

28 

73 

24 

73 

25 

73 

26 

73 

27 

73 

27 

73 

28 

74 

29 

74 

44 

110 

46 

110 

47-48-49 

111 

60 

113 

•) 

«> 

30 

H2  8 

30 

6 

38 

6 

38 

2 

76 

<14  8 

31 

I  NT) EX, 


■2T3 


\ 


Engineer — 

Fire,  chief  of  fire  department,  duties  of.  . 

Fire,  to  require  bystanders  at  fires  to  work . 

Fire,  duties  of,  as  fire  warden... . . 

City,  duty  of,  powers  of . , . 

City,  shall  superintend  public  works . „. . , 

City,  shall  make  surveys,  establish  grades,  &e . 

City,  shall  make  plats  of  streets,  &c . , . . . . 

City  shall  make  specifications  for  public  works,  when... 

City,  shall  make  surveys  and  plats,  when . . 

City,  shall  establish  grades,  inspect  material,  when . . 

City,  shall  preserve  records  of  plats,  &c,,  in  office,  of.... 

City,  shall  make  surveys  when,  how . .. . 

City,  shall  find  and  establish  boundaries,  how . . . „ 

City,  city  clerk  shall  return  plats  to,  when . . . 

City,  shall  report  costs  of  sewers  to  Council,  when . 

City,  shall  keep  maps  of  sewers,  when . . . . , 

City,  shall  fix  grades  of  side-walks,  when . 

City,  same . . . . 

City,  duty  of,  in  opening  streets,  &c . . 

City,  duty  of,  in  general . . . 

f! i ty ,  s a  1  a i y  o f. ... 
Erection— 

Of  frame  buildings  within  fire  limits  prohibited . . 

Evasion — 

Of  liquor  ordinance  a  violation  of,  penalty  for _ _ _ _ _ 

Evidence— 


State  law  on...  I  •  *  1  •  -o  •••••••  •-»  •  •  •  •  « 

Copies  of  papers,  books,  &c.,  are,  when  . . 

Corporate  seal,  duty  of  keeper  of,  in . 

Excavations— 

Left  unprotected,  penalty  for . ,,  . 

In  streets,  penalty  for,  proceedings  in...... . , 

Executions— 

For  the  collection  of  fines,  &c.,  when  may  issue 
For  the  collection  of  fines,  <fcc.,  how  executed.. 
Exemption— 

From  street  tax,  firemen  are,  when . , . 

From  street  labor,  who  are,  and  how . . 

Exhibition— 


Obscene,  penalty  for . , . , . 

Of  stud-horse  in  public  place,  penalty  for . 

Or  show,  license  for,  being  without,  penalty  for . , 

License  for,  price  of,  what,  without  license . . . 

Good  order  at,  bow  kept,  riotous  conduct  at,  penalty  for 

Revocation  of  license  for,  when . , . . - . 

Expenditures — 

Supervisors  shall  know  bow  made,  when  . 

Supervisors  shall  make  statement  of,  to  Council,  when.. 

Statement  of,  to  be  published,  when . ,  . 

Statement  of,  by  Council,  what  to  contain . 

In  natural  divisions  of  the  city,  how  made... . . 


False — 

Fire  alarm,  penalty  for . . . 

Weights  or  measures,  using  of,  penalty  for . 

Pretending  to  be  officer,  penaltv  for . 

Fees — 

Of  Marshal  as  constable.. . . 

Of  officers  in  impounding  animals..,.., . 


Section, 

Page* 

4 

7  6 

1 1 

77 

-2(4 

81 

14 

8 

14 

8 

14 

8 

14 

8 

32 

1 3.4 

32 

1 33 

■3.2 

1  33 

133 

<34 

133 

35 

1  33 

•3(5 

1 34 

■  5 

149 

43 

151 

1 

152 

22 

1GI 

2 

1  ( 1 3 

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1 33 

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2 

82 

15 

97 

54 

$) 

54 

9 

54 

3<; 

109 

51 

411 

14 

'  >  ‘5 

14 

33 

4 

31 

9 

77 

11 

105 

13 

105 

15 

90 

1  fi- 1 7 

90 

18-19 

90-91 

19 

91 

39 

134 

41 

135 

1 

31-32 

1 

31-32 

w 

4 

32 

8 

105 

38 

109 

39 

1 09 

13 

s 

1 

2  r  r 


i:i:s — - 

Of  city  clerk  for  issuing  license . 

Of  Marshal  for  colled iug  license  money..., . . 

Of  wagoners  and  «d  ray  men,  limit  of. . . . 

Of  city  oilicers . . 

<  )f  city  attorney,, . ... . . . . . .... . 

Of  Mayor . . . . . . . . 

(  )f  aldermen . . . . . 

Of  Marshal,  (See  Chap.  17,) . . . . . 

Of  surveyor . . . 

t  )f  treasurer . . . . . . . . . . . 

Of  city  clerk . - . . . . . . . 

Of  supervisor . . . . 

( )f  collector . . . . . . . . . 

Of  assessor  . . . . . . . . . . 


Of  officers  may  he  increased  or  diminished,  how . 

Officers  receiving,  to  report  amount  of,  to  City  Council, 

when, . . . . . . . . 

Bills  of,  city  attorney  to  examine,  when . . 

Of  witnesses  before  police  courts, . .  . . . . 

Of  City  Marshal  and  constable,..,, . . . 

Of  collector  in  selling  property  for  taxes . . . . . 

F  EXCES - 


Private,  injury  of,,  penalty  for,..'.,,, . . . . . . 

Fixes  and  Penalties— 

For  refusing  to  obey  the  Mayor,  when. . . 

Of  Mayor,  for  neglect  of  duty,  when,.. . . . . . 

In  in  it  of. . 

To  lie  paid  into  the  city  treasury, . ,., 

May  he  remitted,  how . . . 

Actions  for,  hrnv  brought . . . 

Actions  for,  to  be  in  debt . 

Paiu  by  imprisonment,  how . . . 

Vested  in  the  corporation . . 

For  the  recovery  of,  how  proceed, . . . - . 

Beinittal  of,  power  of  Council  in,  how  done . .... _ 

Xon-pavment  of,  commitment  for,  how  proceed . 

Collected,,  to  lie  paid  into  treasury . 

Police  magistrate  to  make  report  of,  when. . . . 

Assessed  against  railroads,  how  collected. . . . . 

Fire  Apparatus — 

Provided  and  repaired,  how... . . . . . . . 

Not  to  he  removed  from  fires  without  permission . 

Not  to  boused  for  private  purposes,  penalty  for . 

injury  of.  penalty  for . . . . ... — .. — ..... - , 

Fire  Companies— 

Members  of,  how  admitted . . 

( jrovomment.  of... . . 

Mow  organized . . . . . 

Duty  of,  at  iires.\ . . . . - . . 

Shall  not  leave  the  "round  at  tires,  when . 

Members  of,  exempt  from  work  on  streets,  etc.,  how . 

Names  of  members  of,  reported  to  Mayor,  when . 

Citv  clerk  to  keen  register  of  names  of  members  of . 

Fire  D  e  p  a  kt  m  e  n  t — 

Power  of  Council  in. . . . 

Buckets  for,  how  provided  and  used . 

Shall’  cause  the  arrest  of  suspicious  persons,  when . 

Kugiueer  of,  appointment  of. . 

Mow  composed . . . . .  . . .  . . . 1 . . 


Index'. 

Section. 

Pai/e, 

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88 

8 

89 

29 

92 

130 

17 

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18 

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19-20 

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Fire  Department — 

Council  to  provide  eugines,  Ac.,  for,  wlien . 

General  supervision  of,  who  to  have . 

Condition  of.  Mayor  to  report,  when...... . . 

Chief  engineer  of,  duty  of. . . . . . 

Duty  of  Marshal  at  fires..... . . . 

Duty  of  supervisor  at  fires . ■ . * . . . . 

Refusal  of  Marshal  and  supervisor  to  attend  fires,  pen¬ 
al  tv  for . . . . . ... . . 

To  regulate  the  storing  of  paper,  Ac..- . . . •. . ■. 

Combustible  material,  careless  handling  of,  penalty  for. 

Combustible  material,  accumulation  of,  prohibited . . 

Precautionary  regulations  of.....„ . . . . . . . . 

Live  coals  not  to  be  carried  when,  penalty  for..,-. . 

Ashes  deposited  how,  penalty  in.. . . 

Soap  boilers,  construction  of. . .... . . . . . 

Burning  shavings,  Ac.,  how,  penalty  in . . — . . 

Pitch,  boiling,  Ac.,  how,  penalty  in .  . . 

Fires  in  out-houses,  Ac.,  prohibited,  penalty  in  .  v . . .  . 

Burning  out  chimney,  how,  penalty  in . .  .. 

Scattering  combustible  material,  where,  penalty  for  — 
Fire  Engineer— 

Chief,  appointment  of,  duty  of ........ . . 

Chief,  duty  of,  as  fire  warden . .  -  ...... . 

Fir®  Engines — • 

Provided,  how .  . . . 

Care  of,  how  provided  . ......... 

Purchase  of,  power  of  Council  in . . . 

Purchase  of,  tax  to  be  levied  for,  when . 

Firemen — 

Duties  of,  to  be  prescribed,  how  . . 

Exempt  from  street  tax,  when . . . 

Fire  Limits — 

To  be  established,  how . 

Boundaries  of .  . 

Frame  buildings  prohibited  within . 

Roofing  of  buildings  within,  materials  of . 

Frame  buildings,  enlarged  or  removed  within,  prohibited 

Ordinances  on,  violation  of,  penalty  for . 

Frame  buildings  within,  a  nuisance,  when . 

Fire  Wardens — 

Who  are . . 

Same . . .  ....... . . . . . 

Duties  of . . . 

Fire- Works — 

Regulation  of,  how . . . 

Discharge  of,  within  city,  penalty  for . 

Discharge  of,  within  city,  by  boys,  penalty  for _ _ 

See  Ordinance  on  Misdemeanors .  . . 

Fires — 

Water  for,  how  provided . . 

Prevention  of,  kow.T . 

Buildings  in  danger  of,  to  be  torn  down,  when . 

Bystanders  at,  to  work,  when  . . 

Bystanders  at,  refusing  to  work,  penalty  for . 

Hindering  work  at,  penalty  for . .  . 

Parties  arrested  at,  when . . 

Limits  about,  how  prescribed . — . 

False  alarm  of,  penalty  for . _ . 


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Foirtis  — 

Of  oath  of  witnesses  for  voter . 

Of  oath  of  j  udges  and  clerks  of  elections .  .  * _ 

Of  poll-lists  of  elections . . . . .  - 

Of  oath  of  challenged  voter . .  . ... . 

Of  election  returns . . . . r . 

Of  licenses . . . 

Of  assessments  for  abating  nuisances . 

<  )f  commissions  of  city  officers . . 

Of  order  to  lay  or  relay  side-walks . . . 

Of  notice,  of  order  to  lay  side-walks . 

Of  supervisor’s  notice  to  lay  side-walks. . . . . 

Of  order  of  Council  to  supervisor  to  lay  side  walk . 

Of  supervisor’s  report  of  costs- in  laying  side-walks . 

Of  commissioner's  report  of  side- walk  assessments . . 

Of  order  of  Council  in  collecting  side-walk  assessments. 

Of  warrant  for  collecting  side-walk  assessments...... . 

Of  order  of  Council  in  applying  for  judgment  against 
premises  for  non-payment  of  side-walk  assessments... 

Of  order  of  Council  in  opening  streets,  &c.... . 

Of  notice  of  commissioner  in  laying  out  streets,  &c . 

Of  notice  of  commissioner  in  opening  streetsr&c. . 

Of  return  of  commissioner  in  laying  out  streets,  &c _ _ 

Of  order  of  Council  upon  return  of  commissioner  m  lay¬ 
ing  out  streets,  <fce. . ........ . . . . — 

Of  ordinances, levying  assessments  for  opening  streets, &c 
0  f  warrant  for  collecting  assessments  for  opening,  streets, &c 
Of  oath  of  collector,  upon  return  of  tax  assessment  lists, 

Of  notice  to  tax  payers  on  return  of  assessment  lists . 

Of  order  of  Council,  confirming,  &c.,  assessment  lists... 

Of  warrant  for  collection  of  taxes . .. . 

Of  collector’s  return  of  warrant  for  collection  of  taxes... 
Of  order  of  sale  of  real  property  for  taxes,  (See  Note)... 
Of  collectors  notice  of  sale  of  property  for  taxes......... 

Of  certificate  of  purchase  at  tax  sale . . . 


41  AMIN  G —  . 

Implements,  seized  and  destroyed,  how . . . . . . 

Not  to  be  permitted  on  premises  of  liquor  dealers,  pen- 

1  t)  fiO  1  .......  .  ...  ..  .  ...  .  .  .  ..  ...  .  .'...........a  .....  ...  ...  *  » . . ................. 

Same,  penalty  for . . 

Permitting  of,  upon  premises  by  owners  of,  penalty  for. 

Gas — 

Pipes,  Council  to  control  the  laying  of. . . ..... 

Pipes-,  service  caps  of,  injury  to,  penalty  for . . 

Coons— 

Leaving  of,  on  side-walk,  penalty  for. . 

Parties-  receiving,  may  use  outer  edge  of  side-walk, when, 

penalty  in . . . . . . . . ........... . . . . 

Grades: — 

Of  streets,  walks,  &c.,  established  how . . . 

Council  to  regulate . 

Marks,  removal  of,  penalty  tor . 

Of  streets,  established  how . . . 

Of  side-walks,  how  established . 

Same . . 

Grog-Shop — 

Elections  not  to  be  held  in . 

Grounds — 

Public,. improvement  of. . . . ... . 


Section . 

1  ’aye. 

74 

45. 

;> 

69* 

9 

69 

12 

70 

15 

71 

hr 

i 

89 

22 

128 

a 

128 

a 

158 

4 

158 

5 

154 

9 

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10 

155 

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157 

la 

157 

14 

158 

18 

159 

1 

168 

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163 

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12 

166 

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168 

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168 

16 

169 

11 

177 

12 

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178 

19 

179 

28 

182 

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182-8 

82 

184 

37 

185 

1-2 

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14 

105 

15 

105 

3-4 

101 

27 

107 

61 

113 

62 

113 

14 

8 

tf6  4 

12 

52 

112 

82 

133 

1 

152 

22 

161 

4 

5 

10  4 

12 

Index.  217 


Grounds —  Section.  Page. 

To  be  filled,  cleansed,  drained,  &c . ^[40  4  16 

City  Council  to  grade,  when .  |3  1  23 

Private,  injury  to,  penalty  for .  28  107 

Guardian — 

For  infant  owner  of  land  to  be  taken  for  streets,  &c.,  ap¬ 
pointed  how . 24  171 

G  UAIIDS — 

At  fires,  how  appointed .  14  78 

Gunpowder — (See  Combustible  Material)— 

Regulations  of,  storing  of. .  ^[7  2  30 

Health — 

Duty  of  Council  in .  j[4  4  12 

To  be  promoted  by  acts  necessary . ^[33  4  15 

To  promote,  what  places  to  be  kept  cleansed .  ^]34  4  15 

Power  of  Council  to  provide  for  preservation  of. .  25  35 

Highways — 

Inhabitants  of  city  not  to  labor  upon,  when .  2  32 

Hitching — 

Animals  to  lamp-posts,  penalty  for .  26  107 

Hindering — 

Or  resisting  an  officer,  penalty  for .  40  109 

Railroad  employees,  penalty  for . . .  74-75  115 

Hook — 

And  hose  companies,  organized  how . fll  3  30 

Hoors — 

Rolling  of,  prohibited.. . ^[31  4  15 

Rolling  of,  by  boys,  penalty  for . . .  69  114 

Horses— (See  Animals) — 

Racing  of,  prohibited . f28  4  14 

And  other  animals  not  to  run  at  large  when,  penalty  in  1  84 

Marshal  shall  impound,  when . 2  84 

Impounded,  Marshal  shall  sell,  when .  3  84 

Impounded,  notice  of  sale  of,  how  given .  3  84 

Impounded,  officer’s  fee  for,  what . 4  85 

Impounded,  money  from  sale  of,  to  be  paid  into  treasury  5  85 

Impounded,  and  sold,  owner  of,  how  proceed .  5  85 

Marshal  may  employ  assistance  in  impounding .  7  85** 

Hindering  officer  in  impounding,  penalty  for .  7  85-6 

Pound  for,  how  provided .  2  84 

Dangerous  and  unruly,  at  large,  penalty  for .  10  86 

Stud,  exhibiting  of  in  public  view,  penalty  for .  13  105 

Hitching  of,  to  lamp-posts,  penalty  for .  26  107 

Left  unhitched,  penalty  for .  31  108 

Hospitals — 

Erection  of,  how  provided .  flll  4  12 

House — 

Of  correction,  how  established . . .  ^[38  4  15 

Of  correction,  who  confined  in . . .  ^[38  4  15 

Permitted  to  be  used  for  bawdy  purposes,  penalty  for...  16  106 

Idling — 

About  depots,  penalty  for .  74  115 

Illegal — 

Voting,  how  punished .  5  5 

Voting,  penalty  for . 21  73 

Voting,  abetting  of,  penalty  for .  22  73 

Voting,  election  judges  permitting,  penalty  for .  24  73 

28 


218 


Index,. 


Illinois  Central  Railroad —  Section.  Page . 

Time  of,  tbe  time  of  the  city,  when .  7  96 

Implements — 

For  gaming,  seized  and  destroyed  when,  how .  1-2  83 

For  working  streets,  &c.,  supervisor  to  keep  account  of..  39  134 

Impounding — 

Animals,  when  done . 2  84 

Animals,  may  be  sold  for,  when .  . . .......  3  84 

Animals,  fees  of  officers  in... . 4  85 

Ammals,  when  sold  for  impounding,  money  to  be  paid 

into  treasury .  5  85 

Animals,  when  sold  for,  owner  of,  how  proceed  .  5  85 

Animals,  sale  of  for,  officer  may  bid  at,  when . . . 6  85 

Animals,  officer  may  employ  assistance  in . . .  7  85 

Animals,  hindering  officer  m,  penalty  for .  7  85 

Animals,  breaking  pound  for,  penalty  for .  8  86 

Cows,  &c.,  when  may  be . 13  86 

Animals,  enticing  or  driving  of,  into  city  for,  penalty  for.  9  86 

Imprisonment — 

Power  of  Council  therein . . ^[42  4  16 

Under  the  ordinances,  when .  14  33 

Of  parties  fined,  when,  how  proceed.., . . .  20  42 

Incompetent — 

Officer,  duties  of  assigned  to  another,  when . . .  7  128 

Indictment — 

Of  Mayor,  when . 5  6 

Of  supervisor,  when . 8  33 

Infants — 

Property  of,  affected  in  opening  streets,  &c.,  how  proceed  19  22 

Guardian  appointed  for,  when,  how .  19  22 

Same .  24  171 

May  redeem  from  tax  sale,  when. .  40  186 

Injury — 

To  public  property,  penalty  for...., .  22  106 

To  property  in  cemeteries,  penalty  for . 23  107 

To  street  lamp  or  lamp-post,  penalty  for .  24  107 

To  telegraph  post  or  wires,  penalty  for .  24  107 

To  service  caps  of  gas  pipes,  penalty  for .  27  107 

To  private  fences  or  grounds,  penalty  for . . .  28  107 

To  side-walks,  culverts,  &c.,  penalty  for . . . . . *  51  111 

Interest — 

On  bonds,  what  may  be  the . *f[l  4  11 

Tax  for  payment  of,  how  levied . f3  1  17 

Upon  sewer  bonds,  payable  how .  2  148 

Intoxicating  Liquors — (See  Liquors) — 

Intoxicated — 

In  public  place,  penalty  for . . . 9  105 

Judges — 

Of  election  to  examine  ballot-box,  when .  8  69 

Of  election,  duty  of,  in  taking  ballots .  10  70 

Of  election  appointed  when,  how . . . 2  68 

Of  election,  city  clerk  to  certify  appointment  of. .  2  68 

Of  election,  refusal  of  to  act,  how  proceed .  3  68 

Of  election,  majority  of,  not  attending,  how  proceed....  3  68 

Of  election  shall  choose  two  clerks  of  election .  4  68 

Of  election  shall  take  an  oath,  form  of, . *  5  68-69 

Of  election,  who  administer  oath  to .  6  69 


Lvdkx 


Judges— 

Of  election  when  taken  sick,  how  proceed . 

Or  justice,  inhabitant  of  city,  competent  for . 

Of  election  to  make  returns  of,  form  of. . 

Of  election  to  make  return  of  to  City  Council,  how . 

Of  election  not  making  returns,  penalty  for . 

Of  election  shall  maintain  order  at . 

Of  election  refusing  to  take  vote,  penalty  for . 

Of  election  taking  illegal  vote,  penalty  for . . 

Judgment — 

Execution  to  issue  upon,  when . 

Execution  to  issue  upon,  when... . 

Transcript  from,  when  made,  effect  of. . 

Against  liquor  dealer  reported  to  Mayor,  when . 

Against  premises  for  non-payment  of  side-walk  benefits, 
how  obtained . . . 

Jury — 

Duty  of,  who  exempt  from . . . 

Inhabitant  of  city,  competent  to  be  on . 

Parties  exempt  from  sitting  on . 

Jurisdiction — 

Of  courts,  in  case  of  nuisance,  not  lost,  when., . 

Of  Police  Justices . 

Justices — 

Police,  (See  State  law  upon) . 


Kites  — 

Flying  of,  by  boys,  penalty  for... . . . 

Labor — 

Upon  streets,  &c.,  supervisor  to  oversee . 

Upon  streets,  &c.,  by  parties  committed  for  non-payment 

of  fines,  how . . . . . 

Upon  streets,  &c.,  prisoner  refusing  to,  penalty  for . 

LTpon  streets,  &c.,  prisoner  to,  when . 

Upon  streets,  &c.,  who  to  perform . 

Upon  streets,  &c.,  amount  of  money  to  be  paid  in  lieu 

of,  how  fixed . . . 

Upon  streets,  &c.,when  parties  are  notified  to,  how  proceed 

Upon  streets,  &c.,  parties  refusing  to,  penalty  for . 

Upon  streets,  &c.,  monies  received  in  lieu  of,  applied  how 

Lamps — • 

For  streets,  City  Council  to  provide . 

Districts  for,  how  created . 

And  lamp-posts,  tax  for . 

Districts,  tax  for  in . 

Careless  handling  of,  penalty  for . 

District  for  No.  1,  boundaries  of . . 

District  for,  new  ones  how  made . 

District  for,  erection  of  lamp-posts  in,  how  done . 

Posts  for,  cost  of,  how  estimated . 

Posts  for,  tax  for,  how  levied  . 

Posts  for,  tax  for,  and  lighting  streets  levied  on  property 

of  whole  city,  how . 

Street,  injury  to,  penalty  for . 

Posts  for,  injury  to,  penalty  for  . 

Street,  lighted  or  extinguished  without  authority,  penal- 
tv  for . . .  . 

4 


2  Li 


Section. 

Page. 

6 

69 

15 

34 

15 

71 

16 

71 

16 

72 

20 

72 

23 

73 

24 

73 

14 

33 

20 

42 

23 

42 

24 

99 

18-19 

160 

9 

7 

15 

34 

9 

77 

9 

33 

14 

40 

54 

69 

114 

38 

134 

22 

144 

24 

144 

26 

145 

1 

171 

1 

171 

3 

172 

4 

172 

5 

173 

P 

4 

12 

P 

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115 

1 

18 

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17 

79 

1 

101 

2 

101 

3-4 

101 

7 

102 

V 

8 

102 

9 

103 

24 

107 

24 

107 

25 

107 

220 


Lamps — 

Posts  for,  climbing  of,  or  hitching  to,  penalty  for . 

Landlord — 

Property  of,  under  lease,  taken  for  streets, &  c.,how  proceed 

Part  of  property  of,  under  lease,  how  proceed . . 

To  pay  expenses  in  opening  streets,  &c . . . . . 

Language— 

Profane  or  obscene, that  may  be  heard  by  ladies, penalty  for. 
Lhvd — 

Conduct,  penalty  for . . . . . . 

Books,  selling  of,  penalty  for..... . . . . . 

License — 

City  Council  to  grant . . . . . . . . 

To  what  business  issue _ ' . . . 

To  be  granted  to  hackmen,  &c.. . .  ......... 

To  be  granted  to  billiard  tables . . . 

How  granted,  term  of. . . . . . 

Fee  for  issuing  of . . . . . . . 

Of  butchers,  to  be  granted  to... . . . . 

Application  for,  how  made . .  . . . . 

Application  for,  to  to  the  Mayor,  his  duty  in . 

To  sell  liquors,  applicant  for  to  file  bond . . 

To  sell  liquors,  not  to  issue  for  longer  time  than  one  year.. 
To  sell  liquors,  parties  holding,  subject  to  ordinance  on. 
To  sell  liquors,  not  to  issue  to  parties  owing  unpaid 

fines,  when . . . . . . . .  . . 

To  sell  liquors,  not  to  be  granted  to  one  for  the  benefit 

of  another. . . . . . . . . 

To  sell  liquors,  to  be  granted  to  one  person  only . . 

To  sell  liquors,  to  issue  to  copartners,  when... . 

To  manufacture  liquors,  price  of.. . . . . . . 

Application  for,  how  and  to  whom  made . . . . 

City  clerk  to  issue,  when................. . . 

How  issued,  term  of . . . . . .... . . . . 

To  be  subject  to  ordinances  on . . . . 

Violation  of  ordinances  on,  penalty  for . 

May  be  revoked,  when,  how . . .  . . 

Not  to  be  assigned  or  transferred,  when . 

Clerk  to  keep  registry  of. . . . . . . 

Money  for,  clerk  to  deposit  in  treasury,  when... . . 

Issuing  of,  fee  for . . . 

Form  of . . . . 

Marshal  to  enforce  ordinance  on . 

Marshal  collecting  money  for,  commission  on..... . 

Of  auctioneer,  penalty  for  selling  as,  without . . . 

Of  auctioneer,  price  of. . . . . 

Of  auctioneer,  applicant  for  to  give  bond,  when. . . 

For  billiard  tables  and  ball  alleys,  operating  without, 

penalty  for . . . . . . . . . 

For  billiard  tables  and  ball  alleys,  price  of... . . 

For  exhibitions,  shows,  &c.,  not  having,  penalty  for . . 

For  exhibitions,  shows,  &c.,  price  of. . . . . . 

For  exhibitions,  shows,  &c.,  what  may  be  without . . 

For  exhibitions,  shows,  &c.,  revocation  of,  when . 

Peddler,  being  without,  penalty  for . . . . . . . . 

Peddler,  price  of. . . . 

Peddler,  what  is  a . . . . . . . 

Of  wagons,  drays,  &c.,  being  run  without,  penalty  for.. 
Of  wagons,  drays,  Ac.,  price  of. . . . . — 


Index. 


Section.  Page. 


26 

107 

14 

21 

15 

21 

IT 

22 

12 

97 

10 

105 

11 

105 

m3 

4 

13 

If  13 

4 

13 

iri4 

4 

13 

If  15 

4 

13 

1fl6 

4 

13 

1fl6 

4 

13 

1fl9 

4 

13 

1 

87 

1* 

87 

21 

98 

22- 

-23 

98 

22 

98 

25 

99 

26 

99 

28 

100 

29 

100 

27 

100 

2 

88 

2 

88 

3 

88 

4 

88 

4 

88 

4 

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6 

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6 

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6 

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8 

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9 

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13 

90 

15 

90 

17 

90 

16 

90 

19 

-  91 

20 

91 

22 

91 

21 

91 

24 

91 

25 

92 

Index. 


License — 

What  wagons,  <fcc.,  may  be  used  without . 

Of  wagons,  drays,  &c.,  parties  taking  out  to  file  bond... 
Of  wagons,  drays,  &c.,  number  of,  to  be  inserted  in..... 
Wagoners,  &c.,  to  keep  copy  of  28th  sec.  of  ordinance, 

on,  penalty  in . . . . . . 

For  sale  of  liquors,  being  without,  penalty  for . 

For  sale  of  liquors,  term  of,  price  of, . . . . 

For  sale  of  liquors,  place  of,  not  to  be  open  on  Sunday, 

penalty  for . . . . . . . . 

For  sale  of  liquors,  application  for,  how  made..  . . 

For  sale  of  liquors,  Mayor  may  grant  for,  when . 

For  sale  of  liquors,  issued  how . . . . . . . . 

For  sale  of  liquors,  price  of  (see  note) . . . . . . 

For  sale  of  liquors,  parties  not  having,  not  to  have  sign 
Liens — • 

Upon  real  estate,  taxes  and  assessments  upon  are,  when.. 
Upon  personal  property,  taxes  and  assessments  upon, 

are,  when . . . . . . . . . ............. 

Upon  property,  for  assessments  in  opening  streets,  when.. 
Of  tax  warrant,  when  attached........ . .  . . . 

Lighting — 

Streets,  City  Council  to  have  control  of.... ........... ...... 

Streets,  City  Council,  how  proceed...... . . . . .  . 

Streets,  cost  of,  how  estimated...... . . 

Streets,  tax  for,  how  levied . . . ......... _ _ 

Street  lamps  without  authority  for,  penalty  for....... . 

Lime — 

Weighing  of,  how  provided  for...... . . . . 

Limi  ts — 

About  fires,  how  proceed  in . . . . 

Fire,  boundaides  of, . . . . . 

Fire,  frame  buildings  prohibited  within..... . . . . 

Fire,  frame  buildings  not  to  be  removed  or  enlarged 

within . . . . . . . . . . . 

Fire,  ordinances  on,  violation  of,  penalty  for, . . . . 

Selling  liquors  within  one-half  mile  outside  of  city,  a 
nuisance...- . . . . . . . . — .............. 


Listing — 

Property  for  taxation,  (see  taxes). . . . . . . 

Liquors — 

The  sale  of,  regulation  of. . . .  ........... 

Selling  of  without  license,  penalty  for..... . . 

Selling  of,  license  for,  price  of . .  — . . . — .. 

Selling  of,  parties  engaged  in  to  give  bond,  when. . 

Selling  of,  bond  for,  to  be  approved  by  City  Council..... 

Selling  of,  bond  for,  how  taken . . . . . . . 

Selling  of,  parties  engaged  in  not  to  permit  excessive 

drinking  of  on  premises,  penalty  for. . .  — . 

Selling  of,  parties  engaged  in  not  to  permit  gaming, 

penalty  for . . 

Retailers  of,  not  to  keep  place  open  on  Sunday,  penalty 

for . . . . . . 

Retailers  of,  to  close  place  of,  when,  penalty  6  r. 
Retailers  of,  time  of  city  to  govern,  when,  what  is....... 

Retailers  of,  not  to  employ  minors  in.  penalty  for.,.....,. 

Retailers  of,  not  to  permit  minors  on  premises  of,  pen- 


8.1  tv 


lor. 


of. 


iav  arrest 


va,  when,  how  proceed 


f22 


IT  n 


221 


Section . 

Page . 

26 

92 

27 

92 

28 

92 

34 

93 

1 

94 

1 

94 

5 

95 

17 

97 

18 

97 

19 

98 

20 

98 

73 

115 

4 

25 

4 

25 

18 

170 

20 

186 

3 

101 

3 

101 

5 

102 

6 

102 

25 

107 

4 

14 

14 

78 

1 

81 

2 

82 

4 

82 

5 

82 

30 

100 

1-2 

174-5 

4 

13 

1 

94 

1-2 

94-5 

3 

95 

3 

95 

3 

95 

■4 

95 

4 

95 

5 

95 

C 

\) 

95 

8 

96 

8-9 

96 

JO 

96 

muio 


r,  .f 


Liquors — 

Retailers  of,  not  to  sell  to  habitual  drunkards,  when, 

penalty  of. . . . . . . — 

Retailers  of,  profane  or  obscene  language  used  on  prem¬ 
ises  of,  penalty  for . . . . . . . .  . 

Retailers  of,  officer  may  close  premises  of,  when . 

Retailers  of,  shall  keep  copies  of  ordinance  on,  posted 

how . . . . . . 

Ordinance  on,  officer  to  enforce,  when . 

Ordinance  on,  evasions  of,  a  violation  of,  when . . . 

Application  for  license  to  sell,  how  made . 

Sale  of,  Mayor  may  grant  license  for,  when . . . . 

Sale  of,  license  for,  how  issued . . . . 

Sale  of,  license  for,  price  of,  (see  note)... . .  . . 

Sale  of,  applicant  for  license  for,  to  file  bond,  when . . 

Sale  of,  license  for,  not  to  issue  for  less  than  one  year, 

(see  sec.  2) . . . . . — ....... 

Sale  of,  license  for,  parties  holding  subject  to  ordinance 

(3  13  ••  •  •  •  •  e  •  •  •  rr  •  •  •  •  ■>•••»•  •••'«'•  •»*•••*•»•  •  •  • 

*  Judgments  against  dealers  in,  to  be  reported  to  Mayor, 

w  h  e  n ............  ...... ...... ....... ..... ............ .a. 

License  not  to  issue  when  applicaat  for  is  owing  fines.. 
Dealer  in,  three  times  convicted  of  violation  of  ordi¬ 
nance  on,  effect  of. 

License  to  sell,  not  to  be  granted  to  one  for  the  benefit 

of  another . . 

Manufacture  of,  license  for,  price  of,  penalty  in . 

License  to  sell,  granted  to  one  party  only,  when . 

Sold  outside  city  limits,  within  one-half  mile,  a  nuisance.. 

Violation  of  sec.  30  of  ordinance  on,  penalty  for.. . 

Sign  of  dealer  in,  without  license  for,  penalty  for . 

Lottery — 

Setting  up  of,  disposing  of  tickets  for,  penalty  for . 

Lodging — 

Of  prisoners,  supervisor  to  provide  for,  when . . 

Of  prisoners,  generally,  how . . . . 

Locomotive — 

Rate  of  speed  of,  within  city . 

Lumber — 

Inspection  of.. 


Magistrate — 

Police,  (see  State  law  on......... . . . . . . 

Police,  term  of  office  of. . . 

Police,  practice  before . . 

Police,  appeal  from,  how  prosecuted . . . . 

Police,  trials  before . . . ....... . . . . 

Police,  Council  may  appoint  additional,  when.... . . 

Police,  (see  police  department) . . . . . . 

Ma&ufactqries — 

Regulation  of,  power  of  Council  in. . . . 

Of  liquors,  without  license,  penalty  for... . . . . 

Map — - 

Of  sewers,  to  be  kept  by  engineer,  when. _ _ _ _ 

Marshal— 

City,  dMy  of,  generally... . . . .  .. 

City,  may  act  as  constable,  when . . . . 

City,  power  of,  in  serving  process . 

City,  fees  of..... . . . . . . . 


Index , 


Section . 

Page, 

11 

96 

12 

97 

13 

97 

16 

97 

14 

97 

15 

97 

IT 

97 

18 

97 

19 

98 

20 

98 

21 

98 

22-23 

98- 

22 

98 

24 

99 

25 

99 

25 

99 

26 

99 

2T 

100 

28 

100 

30 

100 

31 

100 

T3 

115 

14 

105 

26 

144 

28 

145 

1 

146 

CNl 

14 

54 

I 

55 

4 

55 

6 

55 

19 

41 

14 

40 

139 

115  2. 

30 

27 

100 

13 

151 

13 

8 

13 

8 

15 

40-41 

15 

40-41 

I.n'dex. 


223 


Section.  Paye*. 

City,  shall  execute  process  of  police  magistrate .  5  55 

City,  shall  suppress  dog  fights .  1  66 

City,  shall  kill  ana  remove  fierce  dogs,  when .  2  66 

City,  shall  kill  and  remove  bitch,  when .  3  66 

City,  shall  kill  and  remove  dogs,  when . ....  4  66 

City,  interfering  with,  when  enforcing  dog  ordinance, 

penalty  for .  5  66 

City,  fees  of,  i*  enforcing  dog  ordinance .  6  66 

City,  shall  keep  order  at  elections . . .  20  72 

City,  shall  serve  warrant  for  witnesses,  when .  29  74 

City,  duty  of  at  fires . . .  5  76 

City,  refusing  to  attend  fires,  penalty  for _ .. _ ...*  5  76 

City,  shall  require  bystanders  at  fires  to  work,  when..,  11  77 

City,  shall  appoint  guards  at  fires,  when .  14  78 

City,  duty  of  as  fire  warden . •  26  81 

City,  duty  of,  in  enforcing  ordinance  on  fire  limits .  5-6  82 

City,  may  seize  gaming  implements,  when . ...  1-2  83 

City,  to  impound  animals  running  at  large,  when, .  1  84 

City,  shall  sell  impounded  animals,  when,  notice  of. . . . ..  3  84 

City,  fees  of  for  impounding  animals . . . . .  4  85 

City,  may  buy  impounded  animals,  when . .  6  85 

City,  may  employ  assistance  in  impounding  animals .  7  85 

City,  hindering  of,  in  impounding  animals,  penalty  for...  7  85-86 

City,  to  provide  pound,  when . . . 2  84 

City,  neglecting  to  impound  animals,  penalty  for . .  11  86 

City,  commissions  of,  for  collecting  license  money .  8  89 

City,  shall  designate  stands  for  draymen,  &c.,  when .  33  93 

City,  may  close  premises  of  liquor  dealer,  when .  13  97 

City,  shall  enforce  provisions  of  liquor  oi’dinance . .  14  97 

City,  shall  report  judgment  against  liquor  dealer  to 

Mayor,  when,  penalty  in.... . .... .  24  99 

City,  notify  parties  to  abate  nuisance,  when . ....  1  117 

City,  duty  of  in  all  nuisance  matters  and  proceedings, 

(see  ordinance  on  nuisances) . . .  117 

City,  duty  of,  when  premises  are  likely  to  become  a 

nuisance . *  7  119 

City,  notify  owner  of  building  declared  to  be  a  nuisance,  16  121 

City,  to  tear  building  down,  when . . . . . ,  16  121 

City,  to  collect  costs  for  tearing  down  building,  how .  17  122 

City,  fees  and  salary  of,  (see  chap.  17) .  21  131 

City,  member  of  police  department . 1  139 

City,  to  be  chief  of  police,  power  of... .  6  149 

City,  to  have  a  station,  attendance  at . . . 6  140 

City,  shall  serve  process . . . 9  141 

City,  shall  serve  summons,  when,  power  in .  10-11  141 

City,  to  imprison  parties,  when . 22  143 

City,  having  prisoners  in  custody,  to  report  to  Council, 

when . . . . . . .  27  145 

City,  fees  of. .  29  145 

Markets--- 

Council  to  provide,  power  in .  1(9  4  12 

House,  &c.,  tax  for . . . .  1|4  1  17 

House,  &c.,  construction  of,  power  of  Council  in .  5  37 

House,  &c.,  construction  of,  proceedings  in .  5  37 

House,  &c.,  construction  of,  may  levy  tax  for .  5  37 

Mayor — 

Oath  of,  duties  of. . ✓. .  2  5 

Shall  preside  at  City  Council .  2  6 

Shall  suppress  riots . . . . . .. — .  3  6 


2'24 


Txdex., 


Mayor — 

Shall  examine  books,  &c.,  of  city  officers . . . . 

Shall  be  liable  to  indictment,  when . . . . 

His  salary,  how  fixed . . . . 

His  veto  power.... . 

May  administer  oaths,  &e.,  when . 

Vacancy  in  office  of,  how  proceed. . . . . 

Shall  commission  officers,  when . . . . 

Shall  preside  at  meetings  of  Council,  vote  of. . .' . .* 

In  absence  of,  who  preside . . . . . * . . . . 

Shall  prohibit  dogs  running  at  large,  when... . 

Election  of,  tie  in,  how  proceed . . 

Election  of,  contested,  how  proceed .  . . 

Shall  summons  witnesses  in  contested  election  cases... 
Shall  have  general  supervision  of  fire  department  .... 
To  report  to  Council,  condition  of  fire  department,  when 

To  require  bystanders  at  fires  to  work,  when . 

Duty  of  as  fire-warden . . . - 

To  notify  parties  violating  fire-limits  ordinance,  when.. 
Duty  of,  in  enforcing  ordinances  on  fire  limits.  ....... 

May  seize  gaming  implements,  when . . 

To  grant  licenses,  how . . .  ... 

To  sign  licenses, when . .  — . . 

To  take  bond  of  auctioneers . . . . 

May  revoke  license  of  exhibition,  when . . 

To  take  bond  of  parties  running  wagons  or  drays ...... 

Shall  grant  application  for  liquor  license,  when. . ..... 

Shall  approve  bond  of  applicant  for  liquor  license, when. 

May  refuse  license  to  liquor  dealer,  when . 

Shall  refuse  license  to  liquor  dealer,  when . 

To  grant  permission  to  builders  to  occupy  streets,  when. 
To  give  notice  to  parties  encroaching  on  streets,  how.. 

May  abate  obstructions,  wrhen . . . 

To  notify  parties  encroaching  on  side-walk,  how . . 

To  notify  parties  hanging  goods  over  side-walks,  when . 
Duty  of,  when  premises  have  been  declared  a  nuisance. 

Duty  of,  when  building  is  declared  a  nuisance  . . 

Duty  of,  when  building  is  in  danger  of  falling . 

To  sign  commissions  of  city  officers. . . 

To  inspect  books  and  records  of  officers,  when . 

To  assign  duties  of  absent  or  incompetent  officer  to  another 
In  trial  of  officers,  to  summons  witnesses,  how.... 

Salary  of . . . _  . . . . 

To  execute  bonds  in  appeal  cases,  when . . . 

Acting,  duties  of . . 

Member  of  police  department. . . . 

May  remove  watchmen . . 

To  have  supervision  of  police  department . 

May  arrest  parties,  when . . 

May  appoint  night  watchmen,  when . . 

Official  acts  of,  attested  by  seal . . . . 

May  borrow  money  for  construction  of  sewers,  when. .  . 
To  draw  warrant  for  collection  of  benefits  in  opening 

streets,  &c.,  when,  form  of. . . . . . 

To  draw  warrant  for  collection  of  taxes,  when,  form  of. 
To  sign  copies  of  order  of  sale  for  taxes,  when . 

Meats — 

Inspection  of . 

Diseased,  sale  of,  penalty  for . . . ,,.. . 


Section . 

4 

5 

6 
7 
7 

3 

19 

1 

1 

4 
18 
28 
29 

3 

3 

11 

26 

5 

5—6 

1-2 

1 

3 

11 

19 
27 
18 
21 

25 

26 
44 
46 
57 
59 
61 
11 
16 

20 
3 

6 
7 

12 

18 

29 

7 

1 

3 

5 

7 

13 

2 

2 

16 

19 

31 

<[18  4 

37 


Page . 


6 

6 

7 

7 

7 

7 

9 

10 

10 

66 

72 

74 

74 

76 

76 

77 
81 
82 
82 
83 

87 

88 
89 

91 

92 

97 

98 

99 
99 

110 

110 

112 

112 

113 

120 

121 

122 

127 

128 
128 
129 

131 

132 
137 

139 
140' 
140* 

140 

141 

147 

148 

168 

179 

183 


13 

109 


Tsdkx. 


Section.  Page. 

Measures - 

Council  to  establish . - .  *1^0  4  14 

False,  use  of,  penalty  for.  .  .  - . - .  38  109 

Meeting — 

Ol  City  Council,  when,  where . .  1  10 

Of  City  Council,  number  of .  3  11 

Of  City  Council,  special,  wheu .  3  11 

Of  teams,  in  the  street,  to  turn  to  right  .  32  108 

Of  commissioners,  in  laying  out  streets,  notice  et .  4  164 

Minors — 

Not  to  be  employed  in  billiard  saloon,  penalty  for .  14  90 

Not  to  be  employed  in  liquor  saloon,  penalty  for .  8  96 

Not  to  be  permitted  on  premises  of  liquor  dealer,  pen¬ 
alty  for . .  -  8-9  96 

May  be  arrested  by  liquor  dealer,  when  .  -  . .  9  96 

Property  of,  to  be  affected  by  opening  streets,  how  proceed.  19  22 

Misdemeanors — 

Of  judges  of  elections,  what  is .  75  46 

Encouraging  dogs  to  fight,  penalty  for .  1  65 

Permitting  fierce  dog  to  run  at  large,  penalty  for .  2  66 

Permitting  bitch  to  run  at  large,  penalty  for .  3  66 

Preventing  Marshal  from  enforcing  dog  law,  penalty  for-  5  66 

Permitting  dogs  to  run  at  large,  is,  when  . .  4  66 

Violation  of  ordinance  on  fire  limits,  penalty  for.  .....  5  82 

Assemblages  for  the  disturbance  of  the  peace,  penalty  for.  1  104 

Assaults,  penalty  for .  2  104 

Disorderly  conduct,  penalty  for .  3  104 

Disturbing  the  peace,  upon  one’s  own  premises,  penalty 

for . 4  104 

Abetting  unlawful  acts,  penalty  for . 5  105 

Disturbing  religious  worship,  penalty  for . -  6  105 

Disturbing  the  peace  on  the  Sabbath  day,  penalty  for. .  7  105 

False  fire  alarm,  penalty  for . j .  8  105 

Intoxicated  in  public  place,  penalty  for .  9  105 

Indecent  exposure  of  person,  penalty  for .  10  105 

Appearing  in  dress  of  opposite  sex,  penalty  for .  10  105 

Selling  obscene  or  lewd  books,  penalty  for  .  11  105 

Obscene  exhibitions,  penalty  for .  11  105 

Obscene  masks  or  cuts,  in  public  view,  penalty  for. ...  12  1 05 

Exhibiting  stud-horse  in  public  place,  penalty  for .  13  105 

Gambling,  penalty  for .  14  105 

Setting  up  lottery,  &c.,  or  raffling,  penalty  for .  14  105 

Permitting  gaming  on  premises  of  owner  of,  penalty  for_  15  105 

Keeping  of  or  frequenting  bawdy  house,  penalty  for..  .  16  106 

Fornications,  penalty  for  .  16  106 

Permitting  house  to  be  used  for  bawrdy  purposes,  pen¬ 
alty  for .  17  106 

Vagrancy,  what  constitutes,  penalty  for .  17  106 

Keeping  open  billiard  room  or  place  of  amusement 

on  Sunday,  penalty  for .  18  106 

Disturbing  the  peace,  by  amusements  on  Sunday,  pen¬ 
alty  for .  19  106 

Keeping  open  place  of  business  on  Sunday,  penalty  for  20  106 

Cruelty  to  animals,  penalty  for .  21  106 

Injuring  public  property,  penalty  for .  22  106 

Defacing  tomb-stones,  penalty  for . 23  107 

Injury  to  property  of  cemeteries,  penalty  for .  23  710 

Injury  to  street  lamps  or  lamp  posts,  penalty  for .  24  107 

Injury  to  telegraph  posts  or  wires,  penalty  for... .  24  107 


/ 

220  t^DEi. 


Section.  Page. 

Misdemeanors — 

Extinguishing'  or  lighting  lamps  without  authority,  pen¬ 
alty  for .  25  107 

Climbing  lamp  posts,  penalty  for . 26  107 

Injury  to  service  caps  of  gas  pipes*  penalty  for  .  27  107 

Hitching  to,  or  injury  of  private  fences,  penalty  for . .  28  107 

Posting  bills  on  private  premises,  penalty  for .  29  107 

Rapid  driving  on  streets,  penalty  for .  30  107 

Leaving  teams  unhitched,  penalty  for . .... . ...  31  108 

Teams  meeting  in  streets,  to  turn  to  right,  penalty  in...  32  108 

Discharge  of  fire-arms  in  city,  penalty  for . .  33  108 

Same . 79  116 

Sale  of  poison,  how,  penalty  for . 34  108 

Leaving  open  cellar-door,  cistern  &c._,  penalty  for .  35  108 

Leaving  excavations  unprotected,  penalty  for . 36  109 

Sale  of  diseased  meats,  penalty  for . . .  37  109 

False  weights  and  measures,  using  of,  penalty  for . .  38  109 

Falsely  representing  to  be  an  officer,  penalty  for . . .  39  109 

Hindering  or  resisting  an  officer,  penalty  for . ...  40  109 

Rescuing  parties  from  arrest,  penalty  for...., .  41  109 

Officer  may  call  assistance,  in  making  arrests  in .  42  110 

Neglect  of  officer  to  perform  duty,  penalty  for . . . 43  110 

Builders,  not  to  encumber  streets  without  permit,  pen¬ 
alty  in . 44  110 

Moving  building  in  streets  without  permit,  penalty  for..  45  110 

Erecting  encroachments  on  streets,  penalty  for,.., .  46  110 

Encroachments  on  streets,  &c.,  penalties  and  proceed¬ 
ings  in . 47-48—49  111 

Obstructing  streets,  &c.,  penalty  for .  50  111 

Excavations  in  streets,  prohibited,  penalty  for .  51  111 

Injury  to  side-walks,  &c.,  penalty  for . 51  111 

Removal  of  corner  or  line  mark,  penalty  for .  52  112 

Removing  earth  from  streets,  penalty  for . 53  112 

Placing  ashes  or  filth  in  streets,  &e.,  penalty  for .  54  112 

Throwing  or  kindling  fire  on  street  croossings,  penalty  for  55  112 

Encumbering  streets  or  walks  with  merchandise,  pen¬ 
alty  for . . . . . ,.... .  56  112 

Streets  obtructed  by  press  of  teams,  &c.,  how  proceed, 

penalty  in . 57  112 

Parties  obstructing  streets,  liable  to  parties  for  damages..  58  112 

Three  feet  of  side. walk  may  be  used,  when,  penalty  in..  59  112 

Encroachments  on  streets, &c.,  not  to  be  rebuilt,  penalty  in  60  113 

Goods,  show-cases,  signs,  &c.,  on  side-walk,  penalty  for..  61  113 

Goods,  may  obstruct  part  of  side-walk,  when .  62  113 

Driving  teams,  &c.,  upon  side-walk,  penalty  for .  63  113 

Fastening  teams  so  as  to  obstruct  walks,  penalty  for....  64  113 

Walks  to  be  kept  free  from  snow,  penalty  in. .  65  114 

Obstructing  street  crossing,  penalty  for.. .  66  114 

Permitting  water  to  fall  upon  walks,  penalty  for .  67  114 

Boys,  disturbing  the  peace  in  the  night-time,  penalty  for..  68  114 

Boys,  loitering  about  streets  in  the  night,  penalty  for...  68  114 

Boys,  flying  kites,  rolling  hoops,  &c.,  penalty  for .  69  114- 

Boys,  exploding  fire-crackers,  &c.,  penalty  for .  69  114 

Boys,  throwing  stones,  climbing  trees,  &c.,  penalty  for..  70  114 

Boys,  climbing  into  wagons,  penalty  for .  71  114- 

Making  loud  noises,  penalty  for .  71  114 

Encouraging  unlawful  acts,  penalty  for . 72  115 

Keeping  out  sign  of  liquor  dealer  without  license,  pen¬ 
alty  for . 73  115 


i  v  i.'i:  .v. 


'>■> 


Misdemeanors — 

Idling  about  depots,  penalty  for . . 

Interrupting  railroad  employees,  penalty  for . 

Climbing  into  ears  when  in  motion,  penalty  for . . 

Section  five  of  ordinance  on,  amended . . 

Persons  purchasing  liquors,  to  testify  in . 

Money — 

Drawn  from  treasury,  how . 

Paid  in  lieu  of  street  labor,  when . 

For  licenses,  to  be  paid  into  city  treasury . . . 

Collected  by  city  officers,  to  be  paid  into  city  treasury.. 
Collected  by  city  officers,  to  be  reported  to  Council,  when. 

In  lieu  of  labor  on  streets,  amount  of,  how  fixed . 

In  lieu  of  labor  on  streets,  to  be  expended,  where . . 


Of  city  officers...., . . . . 

Neglect— 

Of  side-walks,  «fcc.,  Council  not’ liable  for,  when . 

Of  officers,  damage  caused  by,  collected  of  officers,  how. 
Night — 

Watchmen,  appointed  how . . . 

Watchmen,  oath  of. . . . ; . 

Noise — 

Loud  disturbing,  making  of,  penalty  for . 

Notice — • 

Of  elections,  how  given . 

In  laying  out  streets,  &c.,  how  given . . 

In  laying  out  streets,  &c.,  by  commissioners,  how  given 
In  laying  out  streets,  &c.,  to  non-ressidents,  how  given. 
In  laying  out  streets,  &c.,  of  owner  of  building,  of  their 

election  therein. . .' . 

In  laying  out  streets,  &c.,  of  commissioners,  of  sale  of 

building  in . 

In  laying  out  streets,  &c.,  of  clerk,  how  given . 

Of  returns  of  assessment  lists . 

Of  tax  collector,  when  given . 

Of  sale  of  premises  for  taxes . 

To  labor  upon  streets,  how  given . 

Same . . . r. . 

Of  collector's  sale,  publication  of. . . . 

For  opening  streets,  &c.,  publication  of. . 

Of  commissioners  for  same,  publication  of. . 

To  parties,  to  make  election  of  award  in .  . 

Of  sale,  in  same . 

To  officer,  of  his  election,  how  given . . 

Of  sale  of  impounded  animals,  how  given . 

To  be  given  parties  encroaching  on  streets,  &c.,  how 

given .  . . . 

Of  Mayor,  &c.,  to  parties  encroaching  on  side-walks,  &c. 
Of  Mayor,  &c.,  to  parties  having  goods  or  signs  on 

side-walks . . 

To  paities  to  abate  nuisances,  how  given . 

To  owner  of  premises,  when  same  has  been  declared 

a  nuisance . 

To  owner  of  building  declared  to  be  a  nuisance . 

“  Reasonable,'’  how  construed . 

Of  order  of  City  Council,  in  laying  side-walk . . . 

Of  supervisors,  to  owner  of  premises,  in  laying  side-walk.. 


Seel  ion.  Vtuje. 


74 

Ilf) 

7  <> 

1 15 

7(5 

115 

77 

llfi 

78 

no 

12 

8 

9 

36 

fi 

88 

4 

128 

4 

128 

1 

171 

5 

17.*? 

192 

13 

40 

29 

129 

13 

141 

13 

141 

71 

114 

1 

4 

2 

19 

-5 

19 

5 

19 

5 

19 

6 

20 

11 

20 

2 

25 

6 

26 

9 

27 

3 

32 

2 

36 

hr 

i 

38 

8 

38 

8 

38 

•8 

38 

8 

38 

19 

72 

3 

84 

46 

110 

59 

112 

61 

113 

2 

118 

11 

120 

16 

121 

11 

138 

4 

153 

5 

154 

228 


Section . 

Notice— 

Of  supervisor,  to  non-resident  owner  of  premises,  in 

laying  sidewalk . 6 

Of  commissioners,  in  assessing  side-walk  benefits .  12 

Of  supervisors,  in  relaying  old  walks .  21 

Of  commissioners,  in  laying  out  streets,  Ac . . .  3 

Of  commissioners,  of  meeting  of,  in  laying  out  streets,  &c.  5 

Of  commissioners,  in  laying  out  streets,  &c.,  form  of...  7 

Of  commissioners,  in  laying  out  streets,  &c.,  of  sale  of 

building,  on  land  to  be  taken  for .  8 

Of  Council,  for  objections  to  return  of  street  commis¬ 
sioners . 13 

To  parties,  to  labor  on  streets,  how  given .  2 

Of  clerk,  to  tax-payers,  on  return  of  assessor .  12 

Of  tax  collector,  to  tax-payers,  how  given .  22 

Of  collector,  of  sale  of  personal  property,  how  given...  24 

Of  collector,  of  sale  of  real  property,  form  of .  32 

Of  purchaser  at  tax  sale,  how  given .  41 

Nuisance — 

Abatement  and  removal  of,  power  of  Council  in .  T[4  4 

Same .  ^[32  4 

Abatement  of,  costs  in,  how  collected .  5 

Dilapidated  building,  Council  may  declare  to  be .  1 

Courts,  not  to  lose  jurisdiction  in  cases  of.. .  9 

Power  of  Council  to  abate  and  control .  25 

Frame  buildings,  within  fire  limits,  are,  when . .  6 

Selling  liquors  outside  of  city  limits,  declared  to  be .  30-31 

What  is,  refusing  to  abate,  penalty  for .  1 

Swine  pens  are,  when,  abatement  of. .  2 

Substances  likely  to  become,  removal  of,  penalty  in .  3 

Depositing  nauseous  or  offensive  matter, where,  penalty  in  4 

Dead  animals  permitted  to  lie  in  city,  penalty  for .  5 

In  removing  dead  animals,  when,  penalty  in .  6 

Premises  likely  to  become,  duty  of  Marshal  in .  7 

Stagnant  water  is,  when . .  8 

Stagnant  water,  reported  to  Council,  how,  when .  9 

Reported  on  premises,  proceedings  in .  10 

Premises  declared  to  be,  duty  of  Mayor  in.../ .  II 

Abatement  of,  cost  of,  how  collected .  12 

Abatement  of,  cost  of,  to  be  accurately  kept .  13 

Building  declared  to  be,  when .  14-15 

Dangerous  building  reported  to  Council,  when . .  15 

Building  declared  to  be,  duty  of  Mayor  in .  16 

Building  declared  to  be,  torn  down,  when .  16 

Cost  of  teariug  down  buliding,  how  collected... .  17 

Building  in  danger  of  falling,  declared  to  be,  when .  19 

Building  declared  to  be,  refusal  to  make  secure,  pen¬ 
alty  in- .  18 

Building  in  danger  of  fire,  duty  of  Mayor  in .  20 

Scoff  >lds,  and  other  erections,  declared  to  be,  when .  21 

Abating  of,  assessments  for,  form  of. .  22 

Abating  of,  assessments  for,  clerk  to  draw  warrant  for 

collection  of. .  23 

Abating  of,  assessments  for,  collected,  how . . 24-26-27-28 

Oath — 

Of  judges  of  election,  when  taken . .  2 

Of  challenged  voter,  form  of. .  3 

.Of  city  officers,  to  be  filed  with  clerk,  when . . .  1 


Index. 


Page, 


154 

156 

160 

163 

164 

164 

165 

167 

172 

177 

180 

181 

183-4 

187 

12 

15 

24 

29 

33 

35 

83 

100 

117 

118 
118 
118 
118 
118 
119 
119 

119 

120 
120 
120 
120 
121 
121 
121 
121 
122 
122 

122 

122 

123 

123 

123 

124 


5 

5 

6 


V 


OjlTH 


Of  electors,  whew  required . 

Of  witnesses  for  voter,  form  of. . 

Of  judges  and  clerk  of  elections,  form  of... . 

Who  may  administer  to . 

Of  challenged  voter,  form  of. . 

Of  appointed  officers,  when  shall  take . 

The  word,  construction  of. . 

Of  watchmen  and  police  constables,  when  taken . 

Of  night  watchmen,  when  taken . . 

Of  commissioners,  to  assess  side-walk  benefits . 

Of  assessor,  on  return  of  assessment  lists,  form  of...... 

O  BgCENE-- 

Book,  selling  of,  penalty  for... . . . 

Exhibition,  penalty  for. . . . 

Marks  or  cuts,  in  public  places,  penalty  for . . . . 

Obstructions— 

On  streets,  &c.,  penalty  for . . 

On  side-walks,  by  signs,  &c.,  penalty  for . 

On  outer  edge  of  side-walk,  receiving  or  discharging 

goods,  when... . . . . . 

On  side-walk,  by  fastening  teams  on,  penalty  for . 

Objection — 

To  tax  assessments,  made  how..., . , 

/ 

To  tax  assessments,  proceedings  in . . . . 

Council  to  hear,  assessor  to  attend  meeting  for . 

Office — 

Defaulter,  cannot  hold . . . , . . 

Aldermen  to  hold  but  one,  when . . ... 

Officers— 

Of  city,  what  required  by  charter... . — 

Terms  of  office  of... . . . . . . 

Vacancies,  how  filled . . . 

Appointment  of,  what  to  be . 

Failure  to  appoint,  how  proceed . 

Removal  of,  power  of  Council  in . . 

Appointed,  how  removed.. . . . . 

Alderman  or  Mayor,  vacancy  in  office  of,  how  proceed.. 

Q u allocation  ot. .. .  . . . . . ...» 

Tie  in  election  of,  how  proceed. .  . . 

Oath  of,  when,  shall  be  taken..  ...  . . 

To  exhibit  his  book  to  Mayor,  when . 

Shall  give  bonds,  when  . . . . 

Successors  of,  to  have  books  and  papers  of. . . 

Shall  be  commissioned  bow . 

Shall  pay  fines,  &c.,  collected  by  him,  into  treasury  — 

Shall  be  conservators  of  the  peace. . . 

May  arrest  without  process,  when . . 

Salaries  and  accounts  of,  how  audited . . . . 

Tie  iu  election  of,  how  proceed  . 

■Notice  to,  of  election  of,  how  given . 

May  direct  the  destruction  of  buildings  at  fires _ _ _ 

May  buy  impounded  animals,  when . 

Hindering  of,  in  impounding  animals,  penalty  for..  .  .. 

Neglect  of,  to  impound  animals,  penalty  for. . . 

Shall  report  judgment  against  liquor  dealer  to  Mayor. 

Persons  falsely  representing  to  be,  penalty  for  _ 

Hindering  or  resisting  of,  penalty  for  . 

Rescuing  arrested  parties  from . 

May  call  assistance  in  making  arrests . . ........ 


Section. 


74 

74 

5 

5 

12 

16 

6 
4 

13 

11 

11 


Page, 

45 

43 

69 

69 

70 
130 
137 

140 

141 
156 
177 


li  105 

11  1 05 

12  1 05 


50  111 

61  113 

62  113 

64  113 

13  177 

14  178 

15  178 


7  4 

2  10 


1 

2 

3 
2 

4 

5 

5 

6 
■7 
8 
1 

4 

17 

18 
91 

5 
23 

23 
1 

18 

19 

10 

a 

*7 

4 

11 

24 

39 

40 

41 

42 


2 

2 

3 

2-3 

3 

3 

3 

3 

4 
4 
6 
6 
9 
9 
9 

32 

34 

34 

63 

72 

72 

77 

85 

86 
86 
99 

109 

109 

109 

110 


2 


Officer 


Shall  properly  di  charge  his  duties,  penalty  in . 

To  direct  the  abatement  of  street  obstructions . 

Abating  nuisances,  to  keep  account  of  costs  of. . . 

Of  city,  what  required . . . ....... . .... . . . 

City  Council  may  require  bond  of,... . 

Attorney  to  examine  bond  of., . . . . 

Commission  of,  form  of,..,. . . . . . 

Collecting  moneys,  to  report  same  to  Council,  when..... 

Collecting  moneys,  to  pay  same  into  city  treasury . . 

Salaries  of,  paid  how..,, . . . . . .  .. 

Accounts  of,  to  be  presented  to  clerk,  when,.... . . 

Accounts  ot,  audited  how . . 

Books  and  records-,  subject  to  inspection,  when . •. 

Absent,  or  incompetent,  duties  of  assigned  to  another, how 

Removal  of,  causes  vacancy,  when..,., . . . . . 

Shall  be  liable  lor  loss  caused  by  negligence  of . 

Neglecting  duty,  expense  of  employing  another,  to  be 

deducted  from  salary  of . 

Removal  of,  on  charges,  when,  proceedings  in . . 

Oath  of,  when  taken . . . . . . . 

City  attorney,  salary  of- . . . 

Mayor,  salary  of. . . . . . 

Aldermen,  salary  of. . . .. . . 

Marshal,  salary  of,  (see  chap.  17) . . . . 

City  engineer,  fees  of .  . . . 

Treasurer,  salary  and  fees  of. .  . 

City  clerk,  salary  and  fees  of. . . . . . 

Supervisors,  salary  of. . . . 

Collector,  fees  of . .  . 

Assessor,  salary  of..... . . . . 

Salaries  of,  may  he  increased  or  diminished,  when . . 

Receiving  fees,  shall  make  account  of,  and  return  to 

Council . .  . . . . . . . . 

City  attorney,  duty  of,  who  shall  be. . . 

City  attorney, shall  examine  bonds,  assessments,  &e.,when 
City  atttorney,  shall  prosecute  suits  before  mrgistrate, 

when . . . .. . . 

City  attorney,  shall  report  when  necessary  to  take  appeal 
City  attorney,  shall  report  to  Council  disposition  of  cases 

in  Circuit  Court . . . . 

City  attorney,  shall  examine  fee  bills,  when..... . 

City  attorney,  in  absence  of,  may  appoint  another  to  fill 

place,  when. . . . . . . 

Engineer,  duty  of. . 

Engineer,  shall  establish  grades,  when — . . 

Engineer,  shall  make  plats,  when. . . 

Engineer,  shall  keep  record  of  plats  and  sewers. . 

Engineer,  shall  make  surveys,  when,  how . . . . 

Engneer,  shall  find  and  establish  boundaries,  bow . 

Engineer,  clerk  shall  return  plats  and  surveys  to,  when... 
Supervisor,  shall  s-upervise  improvements  on  streets.... 

Supervisor,  his  duties  in  general . ... . . . 

Supervisor,  shall  oversee  work  on  streets,  &c., . 

Supervisor,  shall  keep  account  of  expenditures  and 

receipts,  how . . . 

Supervisor,  shall  examine  accounts  presented  from  his 

department . 

Supervisor,  shall  make  statements,  monthly,  of  expendi¬ 
tures . . . .  . . . . . . . 


Section 

.  Page. 

43 

116 

57 

112 

13 

120 

1 

127 

2 

127 

2 

127 

3 

127 

4 

128 

4 

128 

5 

128 

5 

128 

1 

63 

6 

128 

7 

128 

8 

128 

9 

129 

9 

126 

10-15 

129-156 

10 

136 

17 

136 

18 

1 31 

19-20 

131 

21 

131 

21 

131 

22 

131 

23-25 

131 

24 

131 

21 

131 

21 

131 

26 

131 

27 

132 

28 

132 

28 

132 

29 

132 

29 

132 

36 

132 

30 

132 

31 

132 

32 

133 

32 

133 

32 

133 

3  a 

133 

34 

133 

3>5 

133 

36 

134 

37 

134 

37 

1 34 

38 

134 

39 

134 

40 

135 

11 

135 

RST>El. 


*23 1 


Officer — 

Supervisor,  shall  cause  ordinances  on  streets,  &c.,  to  be 

enforced . *. . . . * . 

Supervisor,  shall  obey  City  Council,  &c . 

City  Council,  shall  make  appropriation  for  streets,  Sic., 

when . . . 4 . , . . . . 

May  enter  premises  on  suspicion,  when ..... . . 

Making-  arrests.,  to  attend  trial  as  witnesses,  wken.» . 

Collecting  fines,  to  pay  same  into  city  treasury . . . 

Of  the  city,  names  of. . . . 

Opening — 

Streets,  &c.,  (see  streets) . . . . . * 

Order — 


Of  Council,  to  lay  or  relay  sidewalk,  form  of . . 

Of  Council,  in  laying  side-walk,  delivered  to  supervisor, 

when...... . .  . . 

Of  Council,  for  supervisor  to  lay  side- walk,  form  of. _ _ 

Of  Council,  in  collecting  side-walk  benefits,  form  of . 

Of  Council,  in  applying  for  judgment  against  premises, 

in  collection  of  side-walk  benefits . . . . . . 

Of  Council,  in  laying  out  streets,  &c.,  form  of . . 

Of  Council,  on  return  of  comm’rs,  in  opening  streets, 

Of  Council,  for  sale  of  real  property  for  taxes,  form  of 

(see  note) . . . . . . 

For  sale  of  property  for  taxes,  made  when . . . . 

Ordinances — 

Mayor  to  see  enforced . 

Power  of  Council  in,  passage  of,  how . . . 

Publication  of,  when  required . . . 

Proof  of,  how  made . . . . . . . :* . . . 

What,  to  be  in  force  after  passage  of  charter . ... 

To  be  received  as  proof,  when . . . . 

Style  of. . . 

Digest  of,  when  made . . . . 

Publication  of,  what  sufficient . . . . . 

Shall  be  received  without  further  proof,  when . . . . 

Violation  of,  city  may  sue  for,  how..*..* . . . * . . 

Authorizing  revision  of  ordinances . . 

On  dogs,  duty  of  Mayor  in . * . . . . 

On  dogs,  duty  of  Marshal  in- . 

On  fire  limits,  violation  of,  penalty  for . 

On  licenses,  licenses  subject  to . * 

On  liquors,  officers  to  enforce . . . * . * . * 

Copy  of,  on  liquors,  to  be  posted  by  liquor  dealer,  when.. 

On  liquors,  parties  selling,  subject  to . * . . . 

On  liquors,  violation  of,  penalty  for . 

On  liquors,  violation  of  sec.  HO  of,  penalty  for . 

On  misdemeanors,  sec.  5  of  construed . 

On  streets,  &c.,  supervisor  to  enforce . 

Repealed  and  modified,  how . • . 

Conflict  in,  construction  of. . 

The  word  “court”  in,  construction  of. . 

Revived,  how . . . . 

The  word  “  person  or  persons  ”  in,  how  construed . . 

The  word  “month”  in,  liow  construed . . . 

The  word  “oath”  in,  how  construed . 

The  word  “sworn”  in,  how  construed . 

Rule  of  construction  in,  how  applied . 

Rights  of  action  under,  not  lost  by  repeal  of. . 


Section. 

Page. 

42 

135 

42 

135 

4:1 

1 35 

8 

141 

18 

143 

30 

145 

.132 

3 

'15.1 

5 

154 

9 

155 

13 

157 

18 

159 

1 

3G3 

14 

1G8 

30 

1 

-M 

GO 

3 1 

183 

2 

6 

4 

16 

3  1 

33 

11 

33 

1G 

34 

1.9 

34 

20 

34 

24 

35 

3 

37 

4 

37 

1G 

41 

62 

4 

GG 

GG 

5 

82 

4 

88 

34 

97 

1G 

97 

22 

98 

25 

99 

33 

99 

f- r  *r 

l  \ 

1  16 

42 

135 

1 

13G 

2 

136 

3 

137 

4 

137 

'  5 

137 

G 

137 

G 

137 

G 

137 

8 

137 

■9 

137 

* 


m 


TxAE#. 


Okd 

u./  6 


[NANCES — 

Giving  two  causes  of  action,  selection  in . 

The  words  “reasonable  time”  in,  how  construed. . 

The  words  “  reasonable  notice  ”  in,  how  construed . 

Records  of,  how  kept, . . . „ . . 

When  passed  by  Council,  to  be  filed  in  clerk’s  office . 

To  be  in  force,  when., . . . . . 

Who  charged  with  enforcement  of, . , . ... 

On  side-walks,  &c,,  violating  provisions  of,  penalty  for.. 
In  levying  assessments,  in  opening  streets,  &c.,  form  of.. 

For  levying  taxes,  when  passed....... . , . ... 

Certificate  of  authenticity  of., . . . . . . . . 


Racking — 

Houses,  Ac,,  regulation  of. . . . . . 

Parks — 

And  other  improvements,  tax  for,  when  levied . 

S  a  m  e., . . . . . . 

Paving — 

Injury  to,  penalty  for . . . . . 

Peace — 

Conservators  of,  who  are . . . 

Assembly  for  disturbing  of,  penalty  for.. . 

Disturbance  of,  upon  one’s  own  premises,  penalty  for.... 

Disturbance  of,  penalty  for . . . 

Disturbance  of,  on  Sabbath  day,  penalty  for...... . . 

Peddlers-— 

City  Council  to  control . . . . . 

Without  license,  penalty  for,.., . . . 

License  of,  price  of, . . 

What  is  a . . . . . 

Shall  not  enter  private  residence,  when,  penalty  in . . 

Penalties — 

Against  election  judges,  for  permitting  illegal  voting,... 

For  selling  liquors  at  elections . 

For  false  swearing  at  elections . . . 

For  making  false  statements  at  elections . 

For  violating  ordinance  on  additions...., . . . . 

For  violating  ordinances  on  combustible  material . 

For  encouraging  dog  fights . . . 

For  permitting  fierce  dog  to  run  at  large . 

For  permitting  any  dog  to  run  at  large,  when . . 

For  interfering  with  officer  in  killing  dogs,  when . . 

For  disturbing  the  peace  at  elections. . . . . 

For  illegal  voting...., . . . . . 

For  abetting  illegal  voting . . . . . 

For  judges  of  election,  taking  illegal  votes . . . 

For  judges  of  election,  refusing  legal  votes...,., . . 

For  carrying  away  ballot-box . 

For  refusal  of  Marshal  and  supervisor  to  attend  at  fires.. 

For  using  fire  apparatus  for  private  purposes . . . 

For  refusing  to  woik  at  fires . 

For  hindering  men  working  at  fires.,,,..,,.,,.., . 

For  injury  to  fire  apparatus . 

For  insecurely  putting  up  stove,  Ac . 

For  careless  handling  of  combustible  material . 

For  carrying  live  coals,  when . 

For  burning  shavings,  Ac.,  when . 

For  boiling  pitch,  Ac.,  when . . . . 


faction  4 

Pag?. 

10 

138 

11 

138 

11 

138 

12 

138 

13 

138 

14 

138 

7 

140 

23 

161 

15 

168 

71 

178 

192 

p5  4 

15 

iri  4 

11 

5 

37 

51 

111 

9 

7 

1 

104 

4 

104 

3 

104 

7 

105 

1fl3  4 

13 

20 

91 

22 

91 

21 

91 

23 

91 

75 

46 

78 

46 

92 

51 

86 

50 

2 

64 

1-2-3 

65 

1 

65 

2 

66 

4 

66 

5 

66 

20 

72 

21 

73- 

22 

73 

24 

73 

23 

73 

25 

73 

5 

76 

8 

77 

11 

77 

12 

78 

15 

78 

16 

79 

16 

79 

19 

80 

21 

80 

22 

80 

fxotrx. 


*  Penalties- — 

For  building  fires  in  out-house . . . . 

For  scattering  combustible  material,  when . . 

For  refusing  to  put  premises  in  safe  condition . 

For  violating  fire  limits  ordinance . 

For  having  gaming  implements  in  possession.  .  .  _ 

For  permitting  animals  to  run  at  large  in  city  limits 

For  hindering  officers  in  impounding  animals . 

For  breaking  pound . . 

For  enticing  or  driving  animals  within  city,  to  impound... 
For  permitting  dangerous  or  vicious  animal  to  he  at  large 
For  refusal  or  neglect  of  Marshal,  &e,  to  impound  animals. 

For  violation  of  ordinance  on  licenses . . 

For  transferring  license,  when . . . 

For  auctioneer  to  work  at  his  business  without  license. 
For  billiard  tables  to  be  used  witout  license...... 

For  permitting  minors  to  play  upon  billiard  tables,  &c. 
For  conducting  exhibitions  or  shows  without  license.. . 

For  peddling  without  license . 

For  peddler  to  enter  private  house,  when . 

For  running  wagons  or  drays  without  license . 

For  riotous  conduct  of  wagoner  or  drayman . 

For  refusal  of  wagoner  or  drayman  to  carry  goods. 
For  wagoner  or  drayman  occupying  station  without 

consent  of  owner . . 

For  wagoner  or  drayman,  not  using  station  designated. 
For  wagoner  or  drayman,  not  keeping  copy  of  28th 

section  of  license  ordinance.  . . 

For  selling  liquor  without  license . . 

For  permitting  drinking  to  excess  on  premises  of 

liquor  dealer — . . 

For  garni  lg  on  premises  of  liquor  dealer . 

For  keeping  open  liquor  saloon  on  Sunday  ... 
For  not  closing  liquor  saloon  at  time,  when,  &c. . 

For  employing  minors  in  liquor  saloon . 

For  permitting  minors  on  premises  of  liquor  dealer. 
For  obscene  or  profane  language,  when,  where... 
For  officers,  failing  to  report  to  Mayor  judgment  against 

liquor  dealer —  . . . . . 

For  violating  the  liquor  ordinance . 

For  manufacturing  liquors  without  license . 

For  violating  section  HO  of  liquor  ordinance . 

For  assembling  to  disturb  the  peace . . . 

For  an  assault . 

For  disorderly  conduct.  ...  . . . 

For  permitting  a  disturbance  of  the  peace  on  owner’s 

premises . 

For  abetting  unlawful  acts . . . 

For  disturbing  religious  meetings.  ... _  . 

For  disturbing  the  Sabbath  day . 

For  raising  false  fire  alarm . 

For  being  intoxicated  in  public  place . 

For  indecent  exposure  of  person . 

For  appearing  in  dress  of  opposite  sex . 

For  selling  obscene  books,  exhibitions,  &c...  .... 
For  making  obscene  marks  or  cuts,  iu  public  place. 

For  exhibiting  stud  in  public  place... . 

For  gambling,  raffling,  setting  up  lottery,  &c . 

For  permitting  gaming  on  premises.  ....  . . 

30 


m 

Section. 

Page. 

23 

80 

25 

80 

26 

81 

5 

82 

2 

83 

1 

84r 

7 

86 

8 

86 

9 

86 

10 

86 

11 

86 

4 

88 

5 

88 

9 

89 

12 

90 

1.4 

90 

15 

90 

20 

91 

23 

91 

24 

91 

30 

92 

31 

92 

32 

92 

33 

93 

34 

93 

1 

94 

4 

95 

4 

95 

5 

95 

6 

95 

•8 

9G 

11 

96 

12 

97 

24 

99 

25 

99 

27 

100 

31 

100 

1 

104 

2 

104 

3 

104 

4 

104 

5 

105 

6 

105 

7 

105 

8 

105 

9 

105 

10 

105 

10 

105 

11 

105 

12 

105 

13 

105 

14 

105 

15 

105 

234  Index. 


Penalties —  Section .  Page , 

For  keeping  or  frequenting  bawdy  houses,  permitting  of.  16  .106 

For  vagrancy  ... . 17  106 

For  disturbing  the  peace  on  Sunday,  by  amusements.,.  19  ~  106 

For  keeping  open  billiards,  or  place  of  amusement  on 

Sunday . 18  106 

For  keeping  open  place  of  business  on  Sunday...  20  .106 

For  cruel  treatment  to  animals.. . . .  21  106 

For  injury  to  public  property. . .  22  106 

For  defacing  tomb-stones,  and  injury  to  property  in 

cemeteries .  23  107 

For  injury  to  street  lamps,  telegraph  poles,  wires,  &c.  .  24  107 

For  lighting  or  extinguishing  street  lamps  without 

authority . .  25  107 

For  climbing,  or  hitching  animals  to,  lamp  posts.  26  107 

For  injury  to  service  caps  to  gas  pipes .  27  107 

For  injury  to  private  fence  or  grounds.... . .  28  107 

For  -posting  bills  on  private  premises .  29  107 

For  rapid  driving  on  streets . 30  107 

>:  For  leaving  team  -unfastened . .  31  108 

For  teams  meeting  on  street,  not  passing  to  the  right. .  32  108 

For  discharging  fire-arms  in  city .  33  108 

For  selling  poison,  when _ ... . 34  108 

For  leaving  open  cellar  doors,  cisterns,  &c .  35  108 

For  leaving  excavations  unprotected . 36  109 

For  selling  diseased  meats........ . 37  109 

For  rising  false  weights  or  measures . . .  38  -  109 

For  pretending  to  be  an  officer.. . . . 39  109 

For  hindering  or  resisting  an  officer.. . . . 40  109 

For  rescuing  or  abetting  the -rescue  of  parties  from  an 

officer.  . 41-  109 

For  refusing  to  assist  in. .  making arrests.. . .  42  110 

For  neglect  of  officer  to  perform  his  duties _ ....  43  —  11  Of. 

.  y  F  >r  builders,  encumbering,  the  streets.,  without  permit..  44  110 

For  moving  buildings  through  the  streets,  when _  45  110. 

•y.  .  For  encroaching  upon  streets,.  &cM  by  erections .  48  110 

f ...  And  proceedings,  when  encroachments  are  made  upon 


streets,  &e.,.  by  erections,  &c . . .  47-48-49  111 

For  obstructing  streets,  &c . . 

For  making  excavations,  &eM  in  streets,  &c . . 

For  injury  to  streets,  side-walks.,  &c.. . 

For  removing  corner  or  line  marks . . 

For  removing,  earth  from  streets,  &c . 

For  placing  ashes  or  filth  in  streets,  &c . 

For  throwing  or  kindling  fire  on  crossings . 

For  encumbering  or  obstructing  streets,  &c.,  with 

merchandise .....  . .  ... — . . — .. 

For  not  obeying  officer  in  removing  obstructions  from 

streets,  &e...... . . . . 

For  occupying  more  than  three  feet  of  side-walk... 

For  repairing  nr  rebuilding  encroachments  on  streets.. 

For  placing  goods,  show-cases,  signs,  &c.,  on  side- walks,. 

For  obstructing  side-walk,  in  receiving  goods,  when.. 

For  driving  teams  or  vehicles  on  side-walk . . 

For  hitching  teams  so  as  to  obstruct  side-walk . 

For  not  keeping  snow  off  of  sidewalks . 

For  obstructing  street  crossings . 

For  permitting  water  to  fall  upon  walk . 

For  boys  disturbing  the  peace  or  loitering  about  streets 
in  the  night  time.;,..,..... . . . . 


51 

111 

51 

111 

52 

112 

53 

112 

54 

112 

55 

112 

56 

112 

57 

112 

59 

112 

60 

113 

61 

113 

62 

113 

63 

113 

64 

113 

65 

114 

66 

114 

67 

114 

68 

114 

Index. 


Penalties — 

For  boys,  flying  kites,  or  rolling  hoops,  &c . 

For  boys,  throwing  stones,  climbing  trees,  &c . 

For  boys,  climbing  Into  wagons, or  making  dist’bing  noises 

For  boys,  encouraging  unlawful  acts . . 

For  idling  about  depots. . . . . 

For  interrupting  railroad  employees.. . . . 

.  For  climbing  upon  cars  when  in  motion . . . ..... 

For  refusing  to  testify*  when.... . . .... _ ........ 

For  refusing  to  abate  nuisance,  when . 

For  refusing  to  remove  substances  likely  to  become 

nuisances _ ...... . . .  . . . . . . 

'  J  For  depositing  nauseous  or  offensive  matter  in  city.. 

For  permitting,  dead  animals  to  lie  in  city . 

For  committing  nuisance  in  removing  dead  animals.. 

For  not  paying  money  collected  into  treasury . 

For  failure  of  witness  to  attend  trial  of  officer . 

For  injury  to  prisoner . . 

For  prisoner  refusing  to  labor,  when . 

For  refusal  of  Police  Magistrate  to  hold  court . 

For  railroad  cars  standing  on  streets . . . 

For  connecting  privy  drains  with  sewers . . . 

For  refusing  to  repair  side-walks,  &c . 

For  idling  away  time  when  laboring  on  streets . 

For  refusing  or  neglecting  to  labor  on  streets . 

For  giving  false  or  fradulent  tax  assessments . . 

For  not  paying  for  property  purchased  at  tax  sale.. 

For  running  velocipedes  on  side-walks,  &c . . . 

Limit  of. . . . . 

Petition — 

For  sewer3  (see  sewers) . . 

Pitch — 

Boiling,  &c.,  how*,  penalty  in . 

Plats  — 

Of  additions,  how  made . 

Of  additions,  to  be  approved  by  City  Council . 

Of  additions,  bow  proceed., . 

Of  additions,  shall  conform  to  original  town . 

Of  additions,  shall  be  submitted  to  Council,  for  approval.. 
Of  additions,  violation  of  ordinance  on,  penalty  for.. 

Engineer  to  make,  when . 

Record  of,  to  be  kept  in  office  of  engineer . 

Returned  to  engineer  by  clerk,  when . 

Of  streets,  &c.,  how  kept . 

Poli'.e  Constable — 

(See  constable.) . 

Police  Department — 

Appointment  of  policemen  in,  bow . 

Regulation  of,  power  of.  Council  in . 

Officer  of,  to  keep  order  ,  at  elections . 

Officer  of,  to  require  bystanders  at  lires  to  work,  when.. 

Officer  of,  shall  arrest  parties  at  fires,  when . 

How  composed .  . 

Constables  in,  may  be  appointed  when,  how . 

Watchmen,  appointed  in,  how,  powers  of,  removal  of.. 
Constables  and  watchmen,  in,  to  take  oath  of  office.. 

Mayor,  to  have  supervision  of. . . . 

Marshal,  to  be  chief  of,  powers  of,  duties  of. . 

Members  of.  to  cause  ordinances  to  be  enforced., 


Section 

.  Page. 

69 

114 

70 

114 

71 

114 

72 

115 

74 

1 15 

75 

115 

76 

•;  ns 

78  u 

116 

1-2 

117-118 

3 

118 

4 

118 

5 

118 

6 

118 

4 

128 

12 

130 

23 

144 

24 

144 

30 

145 

2 

146 

11 

151 

24 

161 

3 

172 

4 

172 

7 

176 

36 

185 

1 

189 

1T42  4 

16 

22 

80 

6 

32 

12 

40 

1 

64 

1 

64 

3 

64 

2 

64 

32 

133 

33 

133 

36 

134 

2 

163 

2 

2 

H26  4 

14 

20 

72 

11 

•  77 

13 

78 

1 

139 

2  - 

140 

-  3 

140 

4  , 

140 

5 

140 

6 

140 

7 

i 

140 

286. . 


Lvbii&i 


■Police  Department — 

Members  of,  may  make  arrests,  when,  how . 

Officers  of,  may  enter  premises,  on  suspicion,  when.. 

Constables  of,  have  power,  when . . . ..... 

Marshal  and  constable  in,  to  serve  summons,  when 

Supervisor,  may  arrest  without  process,  when . 

Mayor  and  Police  Committee,  may  appoint  night  watch¬ 
men,  when,  duties  and  oath  of. . 

Magistrates  in,  jurisdiction  of. . . . . . . 

Statements,  in  suits  before  Police  M  t  gist  rates,  form  of.. 

Arrest  of  parties,  warrant  for,  how  issued . ...... 

-No  process  necessary,  when.., . . . 

Parties  arrested,  may  give  bail,  when . 

Officers  making  arrests,  to  attend  as  witnesses. . 

Parties  committed  for  non-payment  of  fine,  how.... 

Parties  committed,  to  labor  on  streets,  when . . 

Prisoners  laboring  on  streets, to  be  delivered  to  supervisor. 
Prisoners  laboring  on  streets,  shall  wear  ball  and  chain, 

when...,.., . . . . . .  . . . . 

Prisoners  laboring  on  streets,  injury  to,  penalty  for.. 

Prisoner  refusing  to  labor,  how  proceed . 

Prisoners  committed,  to  be  discharged,  when. . 

Prisoners,  to  be  supplied  with  food  and  lodging.... 

Prisoners,  working  out  fine,  allowed,  what..,., . . 

Prisoners,  marshal  or  supervisor,  having  in  custody, 

to  report,  when . . . . . . . 

Prisoners,  lodged  where... . 

Fines  collected,  in,  to  lie  paid  into  treasury,  when.. 
Fines  collected  by  Police  Magistrate,  to  be  reported,  when. 
Magistrate,  refusing  to  hold  court,  penalty  for.,..... 
Police  Justice — (See.  Police  Magistrate) 

Police  Magistrate — 

Jurisdiction  of., . . . . . . 

Rules  of  practice  bef  >re . 

State  law  on,  regulations  concerning.. . 

Practice  before . 

Appeal  from,  how  prosecuted . . . . 

Term  of  office  of. . . . 

Duty  of,  in  seizing  gaming  implements . . 

May  revoke  peddlers’  license,  when . . 

Shall  be  member  of  police  department . 

Jurisdiction  of. . . . . 

In  suits  before,  statements  of,  filed  in,  form  of..... 

In  suits  before,  fees  of  witnesses  in . 

Arrested  party  before,  may  give  bail . . 

Officers  making  arrests  to  attend  before  as  witnesses. 

In  vexatious  suits  before,  costs  how  assessed . 

May  commit  parties  for  non-payment  of  fines . 

To  make  report  to  Council,  when . . 

Refusing  to  hold  court,  penalty  for . . . . 

Pound — (See  Animals) — 

Polls  and  Poll- Lists — (See  Elections)— 

Posts,  Lamp — (See  Lamps) — 

Process — 

In  city  cases,  first,  what  to  be . . . . 

To  arrest  without,  when . . 

What  officers  may  serve . 

Not  necessary,  when . . . . 

Affidavit  for,  what  contain.. . . . t. . 


Section. 

Page , 

2 

140 

8 

141 

9 

141 

10-11 

141 

12 

141 

13 

141 

14 

142 

15 

142 

16 

142 

17 

142 

18 

143 

19 

143 

'  22 

143-4 

23 

144 

23 

144 

23 

144 

24 

144 

24 

144 

25 

144 

26 

144 

26 

144 

27 

145 

28 

145 

30 

145 

30 

145 

30 

145 

i4 

40 

14 

40 

54 

4 

55 

6 

55 

1 

54 

2 

83 

23 

91 

1 

139 

14 

142 

15 

142 

20 

143 

18 

143 

19 

143 

21 

143 

22 

143 

30 

145 

30 

145 

13 

33 

23 

34 

15 

40 

17 

41 

IS 

41 

/ 


Index. 


Process — 

Council  may  prescribe  form  of . 

Parties  may  be  arrested  without,  when . 

Constable  has  power  to  serve,  when . 

Marshal  and  constable  shall  serve,  when....- . 

Supervisor  may  arrest  without,  when . 

Proceedings — 

Of  City  Council,  how  kept . . . . . 

For  violation  of  ordinance  on  lire  limits.... . 

In  seizing  and  destroying  gaming  implements....... 

When  nuisance  is  reported  on  premises  . .......... 

Of  Council,  when  dangerous  building  is  reported... 

When  parties  refuse  to  make  buildings  secure _ .. 

When  buildings  are  in  danger  of  falling . 

In  collecting  assessments  for  abating  nuisances . 

In  appropriating  moneys  lor  the  improvement  ofstreets.&c* 

In  committing  for  non-payment  of  tines . . . 

For  the  collection  of  assessments  in  opening  streets.  &c. 
In  opening  streets,  &c.,  when  owner  of  land  is  an  infant. 
Of  Council,  in  bearing  objections  to  tax  assessments. 
Property — 

Held  by  officer  to  be  delivered  to  successor . . 

Of  city,  when  to  vest . .  . . . * . 

Sale  of,  for  taxes . * . . . . . . 

Private,  drained  into  sewer,  how,  penalty  in . . 

Listed  for  taxation,  how . . . . 

Valuation  of,  for  taxes,  how  ascertained . . 

Owner  of,  sick,  absent,  or  not  found  by  assessor,  how 

proceed . . . . . . . 

False  list  of,  to  assessor,  penalty  for . . 

Refusing  or  neglecting  to  list  fur  taxes,  penalty  for. 
Not  listed  for  taxes,  in  present  or  former  year, how  proceed. 

Real  and  personal,  taxes  a  lien  upon,  when . 

Personal,  distrained  for  pavineut  of  taxes,  how,  when... 

Personal,  sold  for  taxes,  when,  how . . . 

Real  and  personal,  what  taxes  liable  for.. . 

Real,  sold  for  taxes,  proceedings  in,  (See  Note).... 

Sold  for  taxes,  purchaser  to  pay  for,  when . . 

Sold  for  taxes,  iiow  redeemed . . . . . . .... 

Sold  for  taxes,  deed  given  when,  how . . . 

Not  subject  to  taxes,  assessed,  bow  proceed . . 

Sold  for  taxes,  sale  not  invalid,  when . 

Public — 

Grounds,  improvement  of,  power  of  Council  in...... 

Grounds,  to  be  surveyed  when,  laid  out  how........ 

Improvements,  power  of  Council  in... . . 

Improvements,  construct  side-walks,  grade  grounds,  &c. 

Works,  specifications  of,  how  made . . . 

Publication — 

Of  ordinances,  how  made,  proof  of,  how  made . 

Of  ordinances,  what  sufficient,  proof  of . 

Of  ordinances,  in  book  form,  proof  of. . 

Of  ordinances,  no  further  proof  required  in,  when. 

Of  various  notices  in  opening  streets,  &c . . . 

Of  notices  of  clerk  in  opening  streets,  when . 

Of  matters  in  general,  time  of... . . . . 

Of  ordinances,  to  be  in  force  after . . . . 

Of  registry  lists,  how  made . ...... 

Purchaser — 

At  tax  sales,  (See  Taxes.) 


Section. 

Page . 

24 

42  • 

7 

140 

9 

141 

10-11 

141 

12 

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2 

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121 

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184 

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80 

47 

238' 


Index. 


rrBr.-.r.-gccsa 


Qualification- — 

-T.  Of  voters... 

Of  officers.. 
Quarantine-—  ~;i 

Power  of  Council  in. 


Section .  Page* 


*  *  •  •v  *■  • 


I  O  •  '  «  *  0  •  «  •  •  « 


Baffling—  - 

Penalty  for _ ...I;;.,...;;..'.. 

Railroads—  /  "  _  ,  '  .  .  r. 

Regulations  of,  power  of 'Council  in...........;......... 

Rate,  -of  -speed  on,  in  city,  penalty  in.;.............,.. 

• Trains  upon,  not  to  stand  on  streets....... ....... _ _ 

How  liable  for  violation  of  ordinances... 

Fines  against,  bow  collected........ . . 

Reconsideration — 

Of  vote  in  Council,  when  bad . .  . . . 

Receipts  and  Expenditures—  '  "  y 

Statement  of,  to  be  published  when....... . . . 

Statement  of,  wbat  shall  contain....... . . 

Records— 

•;  -  Of  officers,  inspection  of,  how  made. . . . . 

Of  plats  and  surveys,  kept  when.. . . 

Of  ordinances,  how  kept..... . . . . . . 

Of  surveys  of  streets,  how  kept. . . . . . 

Of  tax  sales,  how  kept.-. . . . .... _  •  o'*" 

Of  redemption  from  tax  sales,  how  kept . . 

Of  tax  deeds  issued,  how  kept . . 

Redemption— 

From  tax  sales,  (See  Taxes).... . . ... . .... 

Registry— 

Board  of,  how  composed,  meeting  of.. . . . . 

Board  of,  second  meeting  of........ . . 

Board  of,  shall  keep  order  at  meetings  of.... . . 

Board  of,  may  appoint  clerks-.. ....... .......  ........ _ _ 

Of  elections,  wbat  shall  contain,  how  arranged..... 

Of  elections,  copies  of,  disposed  of  how. . . 

Of  elections,  copies  of,  posted  when.... . . 

Of  elections,  new  districts  of,  how  proceed.. . 

.  Of  elections,  correction  of. . . . . . 

Of  elections,  voters  not  registered,  how  proceed.... 

Of  elections,  completed,  lists-  of. . ■ . - . . 

Board  of,  oath  of  members  of. . 

Clerks  of,  duties  of. . . . 

Lists  of,  bow  kept . - . .  . . 

Lists  of,  after  canvass,  how  proceed . 

Double,  penalty  for.. . . . . . . 

Blanks-  for,  how  obtained  . . . . . 

Of  names  of  members  of  fire  companies,  how  kept. 

Of  licenses,  how  kept . 

Remitting— 

Fines  and  penalties,  how... 

Same.. . .... 

Penalties  for  violating  liquor  ordinance,  when. 
Removal — 

Of  aldermen,  from  their  ward,  effect  of. . 

Of  officer  for  misconduct,  how .  . , . 

Of  Mayor  from  office,  when,  how . , . 

Of  Commissioners  for  opening  streets,  when.... 

Of  nuisances,  expense  of.. — . . . 


»  o'  &  of  o'o  •  •  •  O' 


*W” 


:  3 

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-7  -- 

.  q  - 

4 

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2  ;V 

140 

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140 

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T 

6 

33 

12 

2 

38 

39 
42 


79 

8-2 

91 
88 

80 
80 
80 
81 

83 

84 

85 
85 
80 
80 
87 

92 

93 
9 
0 

9 

20 

25 

4 

5 
5 

12 

5 


“T47' 

33 

31-32 

31-32 


128 

133 

138 

163 

180 

180 

187 


40 

48 

50 

50 

47 

47 

47 

48 
48 

48 

49 
49 
49 

49 

50 

50 

51 
77 
88 

33 

42 

99 

3 

3 

0 

21 

24 


t'jr&EX 


239 


Removal — 

Section .  Page » 

Of  firemen,  when,  how . .  ^[3  3  31 

Of  frame  buildings  within  fire  limits,  prohibited....  4  82 

Buildings  through  streets,  Major  to  permit,  when..  45  110 

Corner,  line  or  grade  marks,  penalty  for  . . 52  112 

Earth  from  streets,  penalty  for .  53  112 

Of  substances  likely  to  become  a  nuisance,  when..  3  118 

Of  dead  animals  from  city,  how,  a  nuisance,  when..  6  118 

Of  officer,  vacates  office  when . . . 8  128 

Of  city  officer  for  misconduct,  proceedings  in .  10  129 

Of  city  officer  for  misconduct,  proceedings  in . .  14-15  130 

Of  buildings  from  land  to  be  taken  for  streets,  how.  8  165 

Of  commissioners  for  opening  streets,  how...... . .  19  170 

Residence— 


Return — 

Of  votes  cast  at  elections,  (See  Election) . . . , 

Of  commissioners  in  laying  out  .  streets,  &c .  12  166 

Of  commissioners  in  laying  out  streets,  notice  for 

objections  to...... _ ......................... . . . . . .  13  _  167 

Of  commissioners  in  laying  out  streets, order  of  Councilin  14-15  168 

Of  assessor  to  City  Council,  form  of... . , . ......  11.-12  177 

Of  collector,  of  warrant  for  collection  of  taxes,  form  of.  28  182 

Of  tax  warrant,  collections  made  after,  how _ .....  43  188 

Report — 

Of  a  nuisance  on  premises,  .how  proceed ...... .......  9  119 

Of  officer,  of  moneys  collected  on  fines..... . .  27  132 

Of  city  attorney,  in  taking  appeal's'........'.. _ ........  29  13.2 

Of  city  attorney,  of  suits  pending  in  Cireuit  Court.  30  132 

Of  Marshal  and  supervisor,  of  prisoners  in  custody.  27.1  145- 

Of  Police  Magistrate,  of  fines  collected,  &c .  30  130 

Of  engineer,  of  cost,  of  sewers,  when..... _ 5  140 

Of  supervisor,  of  side-walk  not  built,  bow . . 8  155 

Of  supervisor,  of  side-walks  built,  cost  of,  &c _ _  8-10-11  155-6 

Of  commissioners,  in  assessing  benefits  of  side-walks.  13  157 

Repairs — 

On  streets,  &c.,  how  made.................... ..............  37  134 

On  streets,  &e.,  when  costs  of,  exceed  $25,  how  proceed.  37  134 

Side-walks  to  be  kept  in . . . . . .  37  134 

On  streets,  &c.,  Council  shall  authorize,  when......  38  134 

On  sewers,  how  made . . . 9  150 

On  -sewers,  cost  of,  how  collected... . .  9  150 

On  side-walks,  how  made... . 21  160 

On  side-walks,  refusing  to  make,  penalty  for .  24  161 

Re-Survey — 

Of  city,  when  and  how  made . . . .  . ......  11  4® 

Revocation  of  Licenses — (See  Licenses) — 

Rejecting  Votes  at  Elections — (See  Election) — - 
Revision — 

Of  ordinances,  authority  for . . . . . . . 

Roads— 

Inhabitants  of  city  exempt  from  working  on,  outside 

of-  city  limits . ...v.. . . 2  32 

Rules —  . 

Of  City  Council . . . . . .  56 

Sabbath — 

Place  for  the  sale  of  liquors  not  to  be  open  upon  5  95 

Disturbance  upon,  penalty  for . 7  105 


HO 


Sabbath — 

Keeping  open  billiard  room,  or  place  of  amusement 

upon,  penalty  for . .. . . . . . . ... 

Disturbing-  the  peace,  by  plays  or  amusements  upon,. 

penalty  for . . . . . ... 

Keeping  open  place  of  business  on,  penalty  for,,... 

Salaries — 


Of 

Of 

Of 

Of 

Of 

Of 

Of 

Of 

Of 

Of 

Of 

Of 

Of 

Of 

Of 

Of 


City  Council,  what  shall  be.... . . . 

city  officers,  how  audited.... . ....... 

city  officers,  paid  how...'.. . . . 

city  officers,  not  to  be  paid  when  officers  in  default, 
city  officer,  neglecting  his  duty,  stopped  bow..., 

city  attorney . ... . . . ... 

M a \ o r. . . . . . .  ......... 

aldermen . . . 

Marshal,  (See  Chap,  17, 


engineer. 

treasurer 


city  clerk . 

supervisor . . . 

collector . . 


assessor. . . . . . . 

officers,  may  be  increased 


or  diminished!,. 


Sale — • 


Of  property  for  taxes,  proceedings  in _ ............. 

Of  impounded  animals,  how  made,  notice  in . 

Of  impounded  animals, money  for, to  be  paid  intotreasury 
Of  impounded  animals,  owners  of  how  to  proceed. 

Of  impounded  animals,  officer  vnav  buy  at . 

Of  liquors^  license  for,  (See  Liquors,) . . . 

Of  poison,  how  made,  penalty  in... . 

Of  diseased  meats,  penalty  for., - - - . . 

Of  premises,  for  abating  mb  an  nee  r  (See  Nuisance.) 

Of  sewerage  bonds,  bow  made-... . ... . . 

Of  premises,  for  side- walk  assessments-,  (See  Side-walks,) 
Of  buildings,  in  opening  streets,  &e.,  (See  Streets,.) 
Of  personal  property,  for  taxes,  (See  Taxes,) 

Of  real  property,  for  taxes,  (See  Taxes,) 


Seal — 

Corporate,  city  may  have . . . . . 

Corporate,  to  lie  kept  by  city  clerk . . 

Corporate,  to  be  affixed  to  certificates  of  clerk,  when... 

Corporate,  description  of. . . . . . . 

Corporate,  to  be  affixed,  when  . . 


Sewers — 

Power  of  Council  to  construct . ... . . 

Petitions  for,  construction  of. . . . . 

Construction  of,  cost  of,  how  paid . . 

City  may  borrow  money  for,  how . ... . 

Bonds,  when  and  how  issued,  interest  upon,  how  paid. 

Bonds,  payable  how,  tax  for,  bow  levied . . 

Bonds,  sale  of,  proceeds,  where  expended,  tax  for, 

h  o  w  e ol  fee  ted . . . . . . . . . . 

Engineer  to  report  cost  of,  to  Council . . 

Construction  of,  material  and  dimensions  to  be  pre¬ 
scribed  by  street  committee,  when . 

Private  premises  drained  into,  how . ... 

Lateral,  how  constructed . . . 

Bepairs  on,  how  made,  cost,  of  how  collected . 

Private, connected  with  main  sewer, .must  have  permission 


iXLEX, 


Section . 

Page . 

1  Ofi- 

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18 

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19-20 

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21 

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21 

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22 

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24 

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21 

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21 

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2G> 

131 

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50 

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5 

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& 

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94 

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$-4 

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I 

I 

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37 

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2 

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12 

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9 

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10 

150 

IXDKY. 


SkWIHS  — 

Privy  or  cess-pool  not  to  be  drained  into,  penalty  for.. 

Petitions  for,  where  filed . 

Engineer,  shall  keep  map  of . 

District,  No.  1,  of,  boundaries  of. . . . . 

Side-Walks —  . 

Encumbering  of,  power  of  Council  in . 

Council  not  liable  for  the  neglect  of,  when . 

Leaving  open  cellar-door  in,  penalty  for . . 

Encroachments  upon,  penalty  for . 

Encroachments  upon,  penalties  and  proceedings  in. 

Injury  to,  penalty  for . . . . . . 

Three  feet  of,  may  be  occupied  when,  penalty  in. 
Goods,  show-cases,  and  signs  over,  prohibited,  penalty  for 
Outer  edge  of,  may  be  used  in  receiving  goods,  when... 

Driving  vehicle  upon,  penalty  for . 

Hitching  teams  so  as  to  obstruct,  penalty  for . . 

Snow  to  be  kept  from,  penalty  in . 

Permitting  water  to  fall  upon,  penalty  for . 

To  be  kept  in  repair,  bow . . . 

How  laid,  dimensions  of,  grade  of,  crossings  of,  Ac.. 
Supervisor,  to  superintend  building  or  relaying  of... 

Cost  of,  to  be  reported  to  Council,  when. . . 

Laying,  or  relaying  of,  order  of,  form  of. . 

Notice  of  order  of  Council  to  build,  published,  how,  when.. 
Copy  of  order  to  build,  delivered  to  supervisor,  when,  how. 
Notice  to  owners  of  premises,  to  build,  given  how. 

Notice  to  build,  to  non-resident,  given  how . 

May  be  built  by  owner,  how,  when . 

Not  built,  to  be  reported  to  Council,  when,  how... 
On  report  of  supervisor,  Council  to  order  supervisor 

to  build,  when,  form  of. . . . 

Cost  of,  account  of,  how  kept,  report  of,  form  of. . 

Supervisor’s  report  of  cost  of,  approval  of.. . . 

Commissioners,  to  assess  benefits  of,  appointed,  how 
Commissioners,  to  assess  benefits  of,  meetings  of,  ho  w  held 
Commissioners,  to  assess  benefits  of,  report  of,  form  of 

proceedings  in . . . 

Benefits,  warrant  for  collection  of,  form  of. . 

Benefits,  war’nt  for  collection  of,  deliv’d  to  collector,  when. 

Benefits,  collected  how . 

Benefits,  non-collection  of,  judgment  in,  applied  for,  how. 
Benefits,  collection  of,  sale  of  premises  for,  how  made. 

Repair  of,  how  proceed . * . 

Grade  of,  established  how . . 

Building  of,  contrary  to  regulations,  penalty  for . 

Refusing  to  repair,  penalty  for . 

Velocipede,  run  upon,  penalty  for . 

Shows — (See  Exhibitions). 

Slaughter-Houses — 

Regulation  of,  power  of  Council  in . 

Streets  and  Alleys — (See  Streets). 

Streets — 

Labor  upon,  who  exempt  from . 

Plats  made  of,  how . 

Supervisor  to  superintend  work  on . 

City  Council  to  have  control  of. . 

Obstructions  upon,  power  of  Council  in . 

Lighting  of,  Council  to  provide  for . 

Encumbering  of,  power  of  Council  in . 

31 


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Indbx. 


Section .  Page. 

Streets— 

Disturbance  upon,  prohibited,  how .  ^[31  4  15 

Labor  upon,  bow  performed,  who  may .  ^[6  1  18 

Laid  out,  when,  how,  proceedings  in.. .  1  18 

Opening  of,  ofder  of  Council  in,  proceedings  in....  1-2  163 

0 pacing  of,  &c.,  Council  to  give  notice  when,  form  of..  3  163 

Laying  out  of,  commissioners  for,  appointed  how,  duties  of  2-3  19 

Opening  of,  commissioners  for,  elected  when,  how, 

duty  of. . . . . . . . . .  4  163 

Opening  of,  commissioners  for,  meeting  of,  notice  of 

proceedings  of. . . . 5  164 

Building  upon  land,  to  be  taken  for,  how  proceed..  4-5-6  19 

Building  upon  land,  to  be  taken  for,  proceedings  in, 

generally.... . . . 4-5-6  19 

Building  upon  land,  to  be  taken  for,  how  proceed..  6-7-8  164 

Building  upon  land,  to  be  taken  for,  proceedings  in 

generally . 6-7-8  164 

Opening  of,  notice  of,  publication  of,  and  general 

amendments  to  charter  of,  proceedings  under .  8-9  38-39 

Opening  of,  assessments  of  benefits  and  damagei, 

how  made .  9-10  165-6 

Opening  ©f,  lands  and  building  upon,  to  be  taken 

for,  belonging  to  different  parties,  how  proceed...  11  166 

Opening  of,  mortgage  or  lease  on  land  to  be  taken 

for,  how  proceed . 11  166 

Opening  of,  commissioners  for,  to  make  return  to 

Council,  form  of. . 12  166 

Opening  of,  objections  to  returns  of  commissioners, 

how  made,  v^hen, . 13  167 

Opening  of,  returns  of  commissioners  for,  proceed¬ 
ings  of  Council  in . 14  168 

Opening  of,  assessments  for,  levy  of,  form  of. .  15  168 

Opening  of,  assessments  for,  collection  of,  warrant 

for,  how  issued,  form  of. . 16  168 

Opening  of,  assessments  for,  collection  of,  proceedings  in.  17  169 

Opening  of,  assessments  for,  a  lien,  when .  18  170 

Opening  of,  commissioners  for,  may  be  removed,  when..  19  170 

Opening  of,  land  to  be  taken  for,  not  to  be  appro¬ 
priated  until  paid  for .  20  170 

Opening  of,  land  to  be  taken  for,  under  contract 

or  lease,  how  proceed .  21-22  170 

Opening  of,  appeal  from  order  of,  when  maybe  taken...  23  171 

Opening  of,  owner  of  land  to  be  taken  for,  an 

infant,  &c.,  how  proceed . . .  24  171 

Opening  of,  land  to  be  taken  for,  deed  of  to  city,  how  given.  15  171 

Firemen,  exempt  from  labor  upon . . .  9  77 

Lighting  of,  Council  to  control,  how  proceed .  3  101 

Lighting  of,  tax  for,  how  levied .  6  102 

Lamp,  injury  to,  penalty  for .  24  107 

Lamp,  lighting  or  extinguishing  without  authority 

penalty  for . 25  107 

Rapid  driving  upon,  penalty  for .  30  107 

Teams,  meeting  on,  to  pass  to  the  right,  penalty  in .  32  108 

Excavations  in,  unprotected,  penalty  for... .  36  109 

Builders,  to  encumber,  must  have  permit .  44  110 

Removing  buildings  upon,  must  have  permit .  45  110 

Encroachments  upon,  penalty  for .  46  110 

Encroachments  upon,  penalties  and  proceedings  in .  47-48-49  111 


Streets — 

Obstructions  upon  penalty  for . 

Excavations  in,  penalty  for,  proceedings  in . 

Grade  marks  of,  removal  of,  penalty  for . 

Removing  earth  from,  penalty  for . . . 

Throwing  ashes  or  filth  into,  penalty  for., . 

Crossing,  throwing  or  kindling  fire  upon,  penalty  for... 

Obstructed  by  merchandise,  penalty  for . 

Obstructed  by  a  press  of  teams,  how  pr©ceed . 

Parties  obstructing,  liable  to  private  parties  for  inju¬ 
ries  caused  by . 

Encroachm’ts  upon,  not  to  be  repaired,  when,  penalty  in... 

Ctossings,  obstructions  of,  penalty  for . 

Boys  loitering  upon  in  the  night  time,  penalty  for.. 

Repairs  upon,  how  made,  cleansed  how . 

Council  to  authorize  labor  upon,  when . 

Council  to  make  appropriations  for,  when . . 

Taxes  for,  when  expended,  how  proceed  . . 

Culverts  and  bridges  in,  how  constructed . 

Prisoners  to  labor  upon,  when . 

Prisoners  laboring  upon,  allowed  what . . 

Railroad  trains  not  to  stand  upon,  penalty  for . 

Committee  on,  may  borrow  money,  when,  how . 

Committee  on,  to  prescribe  construction  of  sewers  in... 

Labor  upon,  who  to  perform . 

Labor  upon,  amount  to  be  paid  in  lieu  of,  how  fixed.... 

Labor  upon,  notice  for,  how  given.. . 

Labor  upon,  parties  notified  for,  how  proceed . 

Labor  upon,  parties  engaged  in,  idle  and  disobedi¬ 
ent,  penalty  for . . 

Labor  upon,  refusing  to,  penalty  for . 

Labor  upon,  money  received  in  lieu  of,  how  applied . 

Suits — 

Costs  in,  city  not  to  pay,  when . 

Appeals  in,  proceedings  in . . 

In  Circuit  Court,  attorney  to  report,  when  . . 

Iu  City  Court,  prosecutor  may  elect  under  which 

section  to  proceed . 

Right  of,  not  lost  by  repeal  of  ordinance .  . 

Summons  in,  to  be  served  by  whom,  how . 

Vexatious,  not  to  be  prosecuted  when,  costs  in,  how  paid.. 

Witnesses  in,  fees  of,  how  collected . 

Parties  defendant  in,  may  give  bail,  when . 

Report  of,  by  Police  Magistrate,  when  made . 

Against  railroads,  how  proceed . 

Supervisor — 

Duties  of,  generally . 

Duties  of,  at  fires . 

Refusal  of  to  attend  fires,  penalty  for . 

To  notify  parties  to  abate  nuisance,  when . 

Duties  of  in  all  matters  pertaining  to  nuisances.... 

Shall  superintend  improvements  on  streets .  .... 

Shall  make  repairs  in  streets,  &c.,  when,  how . 

Shall  keep  streets  cleansed . 

Shall  repair  side-walks . . . 

Shall  keep  account  of  expenditures,  receipts  and 

implements . 

Shall  examine  all  accounts  in  his  department . 

Shall  make  statements  to  Council  of  expend  itures,  when.. 


Section. 

Page. 

50 

Ill 

51 

111 

52 

112 

53 

112 

54 

112 

55 

112 

5(1 

112 

57 

112 

58 

112 

00 

113 

(>•6 

114 

(18 

114 

37 

134 

38 

134 

43 

135 

43  ^ 

135 

44 

135 

22-23-24 

143-4 

26 

145 

2 

146 

2 

148 

6 

149 

1 

171 

1 

171 

2 

172 

3 

172 

<3 

172 

4 

172 

5 

173 

21 

42 

29 

132 

30 

132 

10 

138 

9 

137 

10-11 

141 

21 

143 

20 

143 

18 

143 

30 

145 

3 

146 

16 

9 

5 

76 

0 

1 

1  o 

117 

117 

37 

134 

37 

134 

37 

134 

37 

134 

39 

134 

40 

136 

41 

135 

244 


Sue4rtisor — 

Shall  cause  ordinances  cm  aide-walka  and  street.®  to 

be  enforced. . . . . . . . . 

Shall  obey  City  Council,  &e . . . . 

May  arrest  without  process,  when... . 

Shall  have  charge  of  prisoners  working  streets...... 

May  attach  ball  and  chain  to  prisoners  working 

streets,  when...... . . . . . . . . 

Shall  supply  prisoners  with  food  and  lodging,  when... 
Having  prisoners  in  custody,  to  report  to  Council,  when. 
Shall  superintend  building  and  rebuilding  of  side-walks, 

when.... . . . . . 

Shall  give  notice  to  owners  of  property  to  build  aide- 

walks,  when,  how . . . 

Shall  report  aide-walk  not  built  to  Council,  when, 

approved  of..... . . . 

Shall  report  cost  of  building  side-walk,  form  of, 

approval  of. . . . . . . 

Duty  of,  in  repairing  side-walks . . . 

Shall  notify  parties  to  labor  upon  streets,  when,  how... 

Taxes — 

How  levied,  power  of  Council  in . 

For  general  purposes,  limit  of.... . 

For  school  purposes,  limit  of. . . . 

To  pay  interest  city  debt,  limit  of. . 

For  market  bouse  and  other  public  improvements,  limit 

of. . . 

For  lamps  and  lamp  posts,  bow  levied,  limit  of. . 

For  street  labor,  bow  determined.  . . 

Assessment  lists  for,  form  of,  proceedings  in . . . 

Assessment  lists  for,  when  returned,  clerk  to  give  notiee 

in,  how . . . 

Levy  of,  by  Council,  how  made... . 

Assessments  for,  a  lien,  when,  sale  ©f  property  for,  when.. 
Warrant  for  collection  of,  when  to  issue,  how,  style  of.... 

Collection  of,  power  of  collector  in . ... 

Collector  of,  shall  pay  into  treasury,  when. . 

Sale  of  premises  for,  order  of  Council  in . 

Sale  of  premises  for,  collector  to  advertise  for,  how . 

Sale  of  premises  for,  how  conducted. . . 

Sale  of  premises  for,  deed  in,  when  given,  how . 

Sale  of  premises  for,  certificate  in,  assignment  of........ 

Sale  of  premises  for,  to  be  forfeited  to  city,  when . 

Sale  of  premises  for,  deed  in,  what  to  contain . . 

Street,  fireman  exempt  from . . . . . . . 

Street,  where  expended . . . . . . . 

May  be  levied  for  halls,  makets,  hospitals,  &e.,  when... 

May  be  levied  for  fire  engines,  when . . . 

Sate  of  property  for,  how  proceed . . . 

For  lighting  streets,  how  levied.... . 

For  erecting  lamp  posts,  how  levied . . 

For  lighting  streets  and  erecting  lamp  posts,  how  levied.. 

Collection  of,  warrant,  when  drawn,  how,  form  of. . 

Due  and  payable,  when,  a  lien  on  property,  when. . 

Collector  of,  to  give  receipts  to  clerk,  when. . . . . 

Collector  receiving  warrant  for,  how  proceed,  his 

notice  in,  how  given . . . 

Collector  of,  may  distraip  when,  how,  (See  Note,). 
Collector  of,  selling  personal  property  for,  notice  of, 
fees  in . 


Index. 

Section. 

Page. 

42 

135 

42 

136 

12 

141 

23 

144 

23 

144 

26 

144 

26 

144 

2 

153 

5-6 

154 

8-1 

155 

1C 

i-l  i 

155-6 

21 

160 

% 

172 

1 

17 

P 

1 

17 

P 

1 

17 

P 

1 

17 

P 

1 

17 

115 

1 

18 

P 

1 

18 

1 

25 

2 

25 

3 

25 

4 

26 

5-6 

26 

6 

28 

7 

26 

8 

26 

9 

27 

10 

27 

11 

27 

11 

-12 

27-8 

13 

28 

14 

28 

4 

31 

7 

32 

5 

37 

6 

38 

30 

52 

6 

102 

8 

102 

9 

103 

18 

-19 

179 

20 

180 

. 1 

21 

180 

22 

180 

23 

180-1 

24 

181 

Taxes — 

Collector  receiving,  shall  mark  paid  in  hook . 

Error  in  warrant  for,  how  proceed. . . . 

What,  real  or  personal  property  liable  for . . 

Collectors  return  of  warrant  for,  form  of. . 

Collector’s  statement  of  delinquents,  when  made . 

Collector  of,  returning  warrant  unsatisfied,  how  proceed. 
Unpaid,  sale  of  premises  for,  order  of,  form  of,  (See  Note). 
Order  of  sale  for,  clerk  to  give  to  collector,  when,  how.. 
Collector  to  sell  property  for,  how,  notice  of,  form  of.... 

Sale  of  property  for,  stopped  by  payment  of........ . 

Collector  to  sell  premises  for,  when,  how... . . 

Sale  of  property  for,  what  part  sold,  purchaser  to  pay,  when 
Sale  of  property  for,  certificates  of,  how  given,  form  of.. 
Collector  to  return  list  of  property  sold  for, to  Council,  when 
Sale  of  property  for,  collector  shall  return  to  Council 

certificate  of  printer  of  publication  of  notice  in.... _ 

Sale  of  property  for,  Council  shall  approve _ _ _ _ _ 

Sale  of  property  for,  redeemed  from  when,  how.. . . 

Sale  of  property  for,  infants,  &c.,  may  redeem  from,  when. 

Sale  of  property  for,  deed  given  in,  when,  how..., . 

Sale  of  property  for,  conditions  required  of  purchaser 
at,  before  deed  will  issue . . . . . , . . . .... 

Term — - 

Of  licenses,  what  is... . . . . 

Teams — 

Left  unfastened,  penalty  for . . . . 

Meeting  on  streets,  to  pass  to  right,  when . . . . 

Obstructing  streets,  how  proceed,  penalty  for... . . 

Driven  upon  side-walks,  penalty  for. .................... 

Fastened  go  ae  to  obstruct  side- walk,  penalty  for.. 
Telegraph— 

Posts  or  wires,  injury  to,  penalty  for. . . . . . 

Tu¬ 
la  election  of  officers,  how  proceed....  — ..... _ .... 

Time — 

Of  Illinois  Central  R.  R.  Co.  to  be  that  of  city... 

Treasury — 

Warrants  on,  how  drawn......... . . . . . . 

Warrants  on,  what  may  contain,  money  to  be  drawn  on 

Fines  and  penalties  paid  into,  when . . 

All  moneys  collected  paid  into,  when . . 

Treasurer,  City — 

Duties  of,  in  general....... . . . . . . . . 

To  pay  out  money  on  warrants,  when . . 

Shall  exhibit  accounts,  when . . . 

Salary  and  fees  of. . 

Trial — 

Of  officers,  for  misdemeanors,  proceedings  in......... 

Unlawful  Acts — 

Encouraging  of,  penalty  for . 

Vacancy — 

In  any  of  city  offices,  how  proceed . 

Elections  to  fill,  how  held . . 

In  office  of  Mayor,  how  proceed . . . . 

Caused  by  removal  of  officers,  when . " 

Caused  by  suspension  of  officers,  filled  how, . 

Vagrants — 

Punished,  power  of  Council  in . . . 


Stction. 

Payc. 

'  25 

181 

26 

181 

27 

181 

28 

182 

29 

182 

30 

182 

30 

182-3 

31 

183 

32 

183-4 

33 

184 

34—35 

184 

36 

185 

37 

185 

38 

186 

38 

186 

38 

186 

39-40 

186 

40 

186 

41 

186-7 

41 

187 

3 

88 

31 

108 

32 

108 

57 

112 

63 

113 

64 

113 

24 

107 

18 

72 

t 

96 

10 

7 

12 

8 

5 

32 

4 

128 

U 

8 

n 

§ 

12 

8 

22 

131 

10 

129 

72 

116 

2 

2 

6 

3 

8 

7 

8 

128 

13 

130 

9  4 

14 

246 


IiNDfiX, 


Vagrants — 

To  be  confined  in  work-house,  when . . 

What  persons  are,  penalty  of. . . . . . . . 

Veto — 

Power  of  Mayor  in,  proceedings  in . . 

V  ELOCIPEDES — 

Running  of,  on  side- walks  or  crossings,  penalty  for. 
Vexatious  Suits — 

Proceedings  in . . . . . . . . . . 

Violations — (See  penalties) — 

1°  r  E  S  !-  —(See  Elections) — 

V  OTING  j  v  ’ 

Wagons— 

And  drays,  running  without  license  penalty  for..... 

And  drays,  license  for,  price  of.... . . . 

And  drays,  what  used  without  license . . . 

And  drays  to  be  numbered . . . . . 

Roys  climbing  into,  penalty  for . ■ . 

Wagoner — 

May  charge  what . . . . . . . . 

Shall  give  bond,  when..... . . . 

Riotous  conduct  of,  penalty  for . . . 

Refusing  to  carry  goods,  penalty  for . . . 

Occupying  stand, without  consent  of  owner  of, penalty  for. 
Shall  have  stands  designated,  when,  how,  penalty  in.... 
Shall  keep  copy  of  28th  Sec.  of  License  Ord.,  penalty  in.. 
Wards— 


Number  of,  created  how . . . . . 

Street  taxes,  expended  in . . . ...... 

First,  boundaries  of,  defined . . . . . . 

Second,  boundaries  of,  defined.. . . . . . 

Third,  boundaries  of,  defined . . 

Fourth,  boundaries  of,  defined^ . .  . . 

Fifth,  boundaries  of,  defined.... . ' .  ...... 

Sixth,  boundaries  of,  defined...-. . . . . . . 

Seventh,  boundaries  of,  defined.. . 

Wardens — - 

Fire,  who  are,  duties  of.... . . . ...  . . . 

Same. . . . . . . . . . 

Warrants— 

On  city  treasury,  how  drawn. . . . . . 

On  city  treasury,  what  must  contain . i . 

Of  cities  and  towns,  State  law  on,  Chap.  107 . 

For  collection  of  assessments  for  opening  streets, 

&c.,  shall  issue,  when.... . . . 

For  collection  of  taxes,  bow  issued . . 

For  collectiiig  assessments  for  abating  nuisance,  how 

drawn . .  . . . . . . 

For  collecting  nuisance  assessments,  bow  proceed.. 
For  collecting  nuisance  assessments, collected  by  sale, how 
For  payment  of  officers’  salaries,  should  not  be 

drawn,  when . . . . . 

For  witnesses,  on  trial  of  officers,  how  issued . 

For  collection  of  side-walk  benefits,  issued  how..... 
For  collection  of  side-walk  benefits,  delivered  to 

collector,  when . . . . 

For  collecting  side-walk  benefits,  satisfied  how...... 

For  collecting  assessments  for  opening  streets,  &e., 
how  proceed.... . .  . 


Stction. 

p8  4 

17 

7 

1 

21 


24 

25 

26 
28 
71 


29 
27 

30 

31 

32 

33 

34 

5 

43 

1 

1 

2 

3 

4 

5 

6 

26 

9 

10 

12 


11 
5-6 

23 

25 

26-27-28 

5 

12 

14 

15 
16-17 

16-17 


Pagt, 

15 

106 

7 

189 

143 


91 

92 
92 

92 

114 


92 

92 

92 

92 

92 

93 
93 


2 

135 

189 

189 

189 

189 

190 
130 
190 


81 

7 

7 

8 

53 

20 

26 

123 

124 
124 

128 

129 

158 

159 
159 

168-9 


Index.  217 


Section.  Page . 

Warrants — 

For  collecting  taxes,  what  contains, how  drawn,  form  of.  18-19  179 

For  collecting  taxes,  collector  to  receipt  for,  when.  21  180 

For  collecting  taxes,  how  proceed .  22  180 

For  collecting  taxes,  error  in,  how  proceed .  26  181 

For  collecting  taxes,  return  of,  form  of .  28  182 

For  collecting  taxes,  unsatisfied,  how  proceed .  30  182 

For  collecting  taxes,  after  return  of,  how  proceed.  43  188 

For  arrests,  when  may  issue .  13  33 

For  arrests,  issued  when  . ; .  18  41 

Arresting  without,  proceedings  in .  19  41 

For  arrests,  affidavit  for,  proceedings  in .  16-17  142 

Water — 

Council  to  provide,  power  in . f5  4  12 

Cours-es  in  city,  regulation  of. .  ^[7  4  12 

Permitted  to  fall  on  walks,  penalty  for . 67  114 

Stagnant,  a  nuisance,  when,  proceedings  in.... .  8—9  119 

Watchmen — 

Appointment  of,  how . . .  2  2 

Appointment,  of,  power  of  Council  in .  ^26  4  14 

Shall  be  members  of  police  department .  1  139 

Appointed  bow,  powers  of .  3  140 

Mayor  may  remove,  when .  3  140 

To  take  oath  of  office,  when,  shall  give  bond .  4  140 

Weights — 

Council  to  establish........ . . . ^[20  4  13 

False,  use  of,  penalty  for. . 38  109 

Witnesses — 

Inhabitants  ef  city,  not  incompetent  for .  15  34 

For  voter  at  election,  how  testify . 74  45 

In  contested  election  eases,  how  obtained .  29  74 

In  trials  of  officers,  how  obtained . . 12  129 

Officer  to  be  when .  19  .  143 

In  suits  before  Police  Magistrate,  fees  of. .  20  143 


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